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Debate on the repeal of the Rental Law: Owners in favor, tenants against - Infobae
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Debate sobre la derogación de la ley de Alquileres: propietarios a favor, inquilinos en contra
Agrupaciones que defienden a los locatarios ya iniciaron acciones judiciales en respuesta al DNU emitido por Milei. Mientras tanto, los propietarios de inmuebles ven de manera positiva la medida y anticipan que la oferta de propiedades en alquiler volverá a crecer
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Groups that defend the tenants have already initiated legal actions in response to the DNU issued by Milei. Meanwhile, property owners view the measure positively and anticipate that the supply of rental properties will grow again.
By José Luis Cieri
The repeal of the Rental Law generates counterpoints between tenants and owners (Illustrative image Infobae)
The repeal of the Rental Law through a Decree of Necessity and Urgency (DNU) under the signature of President Javier Milei marks a new episode in the series of changes that this regulation underwent. These ups and downs caused uncertainty and divergent opinions between owners and tenants.
From now on, the contracts that are signed will be governed by the Civil and Commercial Code. The term may be freely agreed upon (in the absence of stipulation, two years are considered the maximum duration), the price, the currency (whether in pesos, dollars, or others) and the update modality.
For groups that defend tenants, rent deregulation is considered abusive, while others maintain that it is unconstitutional.
The repeal of the Rental Law poses a critical situation according to tenant voices. Diego Fernández Camillo, from the National Tenant Movement, told Infobae that “this change can be detrimental both for thousands of tenants who could be left without housing and for small owners who are forced to sell their properties at low prices, a trend that is coming happening in recent years.”
They argue that it is imperative to continue the process of finding solutions at the local level in each municipality and province. This involves bringing together key actors such as small real estate companies, auctioneer associations that seek to avoid abuses, and small property owners.
Jonatan Baldiviezo, founder of the Right to the City Observatory, confirmed that they filed legal action against Milei's DNU for being unconstitutional and undemocratic so that its invalidity is declared invalid. She was filed in the Federal Court for Federal Administrative Litigation No. 2 under the care of Dr. Esteban Carlos Furnari.
Magalí Zirulnikoff, co-founder of the Federal Tenant and Non-Owner Community, highlighted that the repeal of the Law by DNU is unconstitutional. “There is no need or urgency for the Executive Branch to legislate on behalf of Congress on a law that was voted in that area 2 months ago.”
In a few weeks, it will be possible to evaluate the impact of the repeal on the real estate market and determine if the supply of real estate will once again reach levels similar to those of the stage prior to the law, when around 9,000 properties were offered monthly in CABA.
Consider that the supply will not grow at affordable prices for the working population who rents. Zirulnicoff expanded: “The supply does not translate into prices in line with salaries, a situation that will affect the rental housing market.”
They see it positive
Property owners maintain that the option of agreement between parties, as the rule operated until 2020, and the return to the mechanism of the Civil and Commercial Code, offers a way to relieve pressure on the rental market.Karina González , from the United Owners group of Argentina, pointed out that “the defense of private property and legal security are crucial. Prompt judicial intervention to recover the property and put it back up for rent, as well as the efficient execution of guarantees for collection, are essential.”
From this entity they sought to reassure the tenants. Historically, direct agreements between the parties did not present problems, they say. “We recognize mutual dependence and are committed to taking care of good tenants without the need for intermediaries or representatives,” González said.
Regarding the request for express eviction, another claim that has been going on for years, Bárbara Durán , also a member of Propietarios Unidos de Argentina, considered that the duration of the contract is not directly related to this request. “Improving legal certainty would facilitate express eviction by making requirements more flexible for tenants, regardless of the length of the contract,” she said.
“Greater supply would generate competition and price balance, which, together with greater stability and lower inflation, could stop the constant increase,” Durán added.
In the city of Neuquén, as in other capitals, the supply is almost zero and it is expected that this trend can be reversed in a few weeks.
The housing shortage is present throughout the country, in Neuquén capital there are almost no apartments or houses for rent. Claudio Oseroff, representative of rental property owners in that province, said: “We celebrate the repeal of the law, highlighting its previous negative impact and the inability to accept annual or semi-annual adjustments with triple-digit inflation. The market will gradually normalize with agreements between parties.”
For a quick response from owners, experts suggest tax reductions on rented property for permanent housing and financial facilities for tenants, such as bank deposits with promotional costs and reduced costs in expenses.
“Before the law, the real estate market was efficient, and despite nominal fluctuations due to inflation, real values remained similar or lower. In Neuquén, the impact is worsened due to the Vaca Muerta phenomenon and insufficient infrastructure for the growing working population. We hope that this trend will reverse and more homes need to be built to meet the growing demand,” concluded Oseroff.
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