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Contracts: Rents change: what is "express eviction" and how will it impact tenants - El Cronista
Source:
www.cronista.com
March 04, 2024
A new bill seeks to modify other central points when entering and staying in a home.
By: Florencia Ojeda
In recent months, there has been an increase in supply in the real estate market after the repeal of the Rental Law . Changes in regulations, including being able to agree on the update period and rate , caused owners to make their homes available again.
According to notices published on pages such as Zonaprop , since the Emergency Need Decree (DNU) to date, locations increased by more than 60% . However, different officials stated that the National Eviction Law is still "a stick in the wheel" for the owners.
" Argentine legislation was designed with the intention that the owners were stupid: stupid to lose money and stupid not to be able to dispose of their property in the event of non-compliance , " denounced the national deputy of the PRO, Martín Yesa , in his article "Why is the express eviction".
After the opening of the ordinary sessions by President Javier Milei , a series of projects were presented that will be discussed in Congress . Among them, the one promoted by the former mayor of Pinamar regarding the evictions.
In his writing, he questions that the National Eviction Law " has led to cases where evicting someone who usurps or does not pay rent can take more than two years ." For these reasons, the owners " would not want to put their property up for rent ."
Changes in the Rental Law
What is the project proposal? Yesa specified that first of all it would be " facilitating the immediate vacancy of the occupied property , allowing the presentation of the property title and eliminating the bond by the owner ."
In addition, it aims to speed up the time of Justice by changing the nature of the process from ordinary to summary , since " it allows the deadlines to be shortened by more than 7 months and attacks the dilatory maneuvers of those who operate outside the Law ."
" Argentines must know that private property is respected and the effort is protected ," remarked the PRO representative, while questioning those who call " inhumane " the fact of leaving a family without housing without offering a prior solution.
Evictions without a court order , carried out by the judge in charge of the process, are prohibited and constitute a crime . This is established in article 150 of the Penal Code.
In the event that a case has been initiated, a justice officer must first approach the home and notify the people who live there.
If you do not agree with any of the points expressed in the document, you will not have to sign the paper . In the event that the eviction moves forward, they will have to respect the following points:
www.buysellba.com
Source:
Cambian los alquileres: qué es el "desalojo express" y cómo impactará en los inquilinos
Un nuevo proyecto de ley busca modificar otros de los puntos centrales a la hora de ingresar y permanecer en una vivienda.
www.cronista.com
March 04, 2024
A new bill seeks to modify other central points when entering and staying in a home.
By: Florencia Ojeda
In recent months, there has been an increase in supply in the real estate market after the repeal of the Rental Law . Changes in regulations, including being able to agree on the update period and rate , caused owners to make their homes available again.
According to notices published on pages such as Zonaprop , since the Emergency Need Decree (DNU) to date, locations increased by more than 60% . However, different officials stated that the National Eviction Law is still "a stick in the wheel" for the owners.
" Argentine legislation was designed with the intention that the owners were stupid: stupid to lose money and stupid not to be able to dispose of their property in the event of non-compliance , " denounced the national deputy of the PRO, Martín Yesa , in his article "Why is the express eviction".
Rents change: What is express eviction and what does it propose?
After the opening of the ordinary sessions by President Javier Milei , a series of projects were presented that will be discussed in Congress . Among them, the one promoted by the former mayor of Pinamar regarding the evictions.
In his writing, he questions that the National Eviction Law " has led to cases where evicting someone who usurps or does not pay rent can take more than two years ." For these reasons, the owners " would not want to put their property up for rent ."
Changes in the Rental Law
What is the project proposal? Yesa specified that first of all it would be " facilitating the immediate vacancy of the occupied property , allowing the presentation of the property title and eliminating the bond by the owner ."
In addition, it aims to speed up the time of Justice by changing the nature of the process from ordinary to summary , since " it allows the deadlines to be shortened by more than 7 months and attacks the dilatory maneuvers of those who operate outside the Law ."
" Argentines must know that private property is respected and the effort is protected ," remarked the PRO representative, while questioning those who call " inhumane " the fact of leaving a family without housing without offering a prior solution.
Rentals: What does the National Eviction Law establish in Argentina?
Evictions without a court order , carried out by the judge in charge of the process, are prohibited and constitute a crime . This is established in article 150 of the Penal Code.
In the event that a case has been initiated, a justice officer must first approach the home and notify the people who live there.
If you do not agree with any of the points expressed in the document, you will not have to sign the paper . In the event that the eviction moves forward, they will have to respect the following points:
- A bailiff must be present during the eviction ;
- The eviction must be during the day and from Monday to Friday, unless the court order expressly states otherwise. In case of rain or any weather inconvenience, a new date must be defined to do it;
- If there are girls, boys, adolescents or people with disabilities in the home, a public defender of minors and incapacitated persons must intervene in the case and be present during the eviction, in order to protect the rights of those protected. Otherwise, the eviction cannot be carried out.
- If there is a sick person , medical personnel with an ambulance must be present to evaluate their health. If transfer to a hospital is risky, medical staff must recommend that the operation be suspended.
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