BuySellBA
Administrator
Keys to renting well: responsibilities of owners and tenants, guarantees and how to avoid conflicts in contracts - Infobae
Source:
www.infobae.com
October 24, 2024
The presidential decree brought important changes to the agreements. What are the maintenance responsibilities, how are deposits managed and what do the guarantees cover to avoid problems at the end of the agreement?
By Jose Luis Cieri
home, land acquisition, housing, apartment, property, house, signing agreement - (Illustrative Image Infobae)
In rental contracts, maintenance responsibilities are divided between tenants and landlords, in accordance with the Civil and Commercial Code. While the tenant is responsible for minor repairs and proper use of the property, the landlord is responsible for structural repairs and general maintenance of the property. This balance of obligations allows the property to be kept in good condition throughout the term of the contract.
With the DNU that repealed the Rental Law, new contracts must focus on duration, price updates and deadlines for renewal or termination. It is key that owners and tenants detail the terms to avoid future conflicts and close the agreement correctly.
Alberto Héctor Loyarte , a real estate expert and real estate broker, clarified to Infobae that the recent DNU did not completely repeal laws 27,551 (2020) and 27,737 (2023). Therefore, some articles, modified by these regulations, remain in force. For example, 1,201 still stipulates that the owner must maintain the property in conditions suitable for the agreed use and assume repairs for damages not attributable to the tenant. “It is important that both parties know their legal responsibilities and how to proceed with urgent or non-urgent repairs,” he clarifies.
To facilitate compliance with these obligations, some helpful tips include for the landlord to keep an up-to-date record of the address where notices are received and for the tenant to document any notices sent in the event of urgent problems.
Loyarte recommended: “If no response is received within 24 hours for urgent repairs, the tenant can make them and claim the cost from the landlord. Minor damages, such as worn taps or stains on walls, must be assumed by the tenant.”
It is key for landlords and tenants to clearly outline their rights and obligations, especially regarding maintenance and repairs, to avoid future conflicts.
The sector highlights the importance of paying attention to the terms of the new rental contracts after the DNU that repealed the Rental Law (Illustrative Image Infobae)
“Notifications and deadlines must be explicitly stated in the contract and must be respected so that the parties can complete the contractual relationship without any problems,” Loyarte added.
“This means that, despite prior agreements, the landlord must guarantee that the property is spotless and fit for habitation at the time of signing the rental contract,” Loyarte clarified.
The tenant must also take care of minor repairs, such as changing the “leathers” or electrical outlets due to natural wear and tear.
As for major or structural repairs, Zampone clarified that the responsibility falls on the owner or the consortium, not on the tenant.
"If a pipe breaks, for example, it is a problem for the consortium, which is covered by extraordinary expenses paid by the owner," he added.
Furthermore, the Code provides that the landlord must keep the property fit for the agreed use, assuming the costs of repairs that are not attributable to the tenant. In the event that the landlord does not carry out urgent repairs, the tenant may do so at his own expense, after notifying the landlord, at the latter's expense.
If a pipe breaks, it is not the tenant's responsibility, but the consortium's and is covered by expenses paid by the owner. If the tenant does not return the property in the same condition, the owner can use the security deposit for repairs, such as repainting the unit. It is key to clarify everything in the contract to avoid inconveniences (Illustrative Image Infobae)
Loyarte recommended carrying out an inspection of the property before finalizing the contract to verify its condition. “If the deposit does not cover the necessary repairs, the tenant must pay the difference or the owner may claim against the guarantor.”
Under the current DNU, in many cases the deposit is taken in dollars to maintain its value, which implies that at the time of its reimbursement, dollars in cash must be returned, like those given at the beginning.
On the other hand, surety bonds or financial guarantees generally do not cover damage to the property, unless specific coverage is contracted. This point is key for owners to be protected during the rental.
“It is crucial that the parties clearly agree on the terms of the return of the deposit and the guarantees to avoid conflicts and close the contract in a way that is fair for both parties,” concluded Loyarte.
www.buysellba.com
Source:
Claves para alquilar bien: responsabilidades de propietarios e inquilinos, garantías y cómo evitar conflictos en los contratos
El DNU presidencial trajo cambios importantes para los pactos. Cuáles son las responsabilidades de mantenimiento, cómo se manejan los depósitos y qué cubren las garantías para evitar problemas al finalizar el acuerdo
www.infobae.com
October 24, 2024
The presidential decree brought important changes to the agreements. What are the maintenance responsibilities, how are deposits managed and what do the guarantees cover to avoid problems at the end of the agreement?
By Jose Luis Cieri
home, land acquisition, housing, apartment, property, house, signing agreement - (Illustrative Image Infobae)
In rental contracts, maintenance responsibilities are divided between tenants and landlords, in accordance with the Civil and Commercial Code. While the tenant is responsible for minor repairs and proper use of the property, the landlord is responsible for structural repairs and general maintenance of the property. This balance of obligations allows the property to be kept in good condition throughout the term of the contract.
With the DNU that repealed the Rental Law, new contracts must focus on duration, price updates and deadlines for renewal or termination. It is key that owners and tenants detail the terms to avoid future conflicts and close the agreement correctly.
Alberto Héctor Loyarte , a real estate expert and real estate broker, clarified to Infobae that the recent DNU did not completely repeal laws 27,551 (2020) and 27,737 (2023). Therefore, some articles, modified by these regulations, remain in force. For example, 1,201 still stipulates that the owner must maintain the property in conditions suitable for the agreed use and assume repairs for damages not attributable to the tenant. “It is important that both parties know their legal responsibilities and how to proceed with urgent or non-urgent repairs,” he clarifies.
To facilitate compliance with these obligations, some helpful tips include for the landlord to keep an up-to-date record of the address where notices are received and for the tenant to document any notices sent in the event of urgent problems.
Loyarte recommended: “If no response is received within 24 hours for urgent repairs, the tenant can make them and claim the cost from the landlord. Minor damages, such as worn taps or stains on walls, must be assumed by the tenant.”
It is key for landlords and tenants to clearly outline their rights and obligations, especially regarding maintenance and repairs, to avoid future conflicts.
The sector highlights the importance of paying attention to the terms of the new rental contracts after the DNU that repealed the Rental Law (Illustrative Image Infobae)
“Notifications and deadlines must be explicitly stated in the contract and must be respected so that the parties can complete the contractual relationship without any problems,” Loyarte added.
How to hand over the property at the start of the contract
Some property experts argue that the DNU presents a lack of legislative foresight that affects vulnerable owners, such as retirees, who cannot afford the necessary repairs after the property falls into disrepair. This situation prevents them from renting the property in optimal conditions, even when there is an “agreement between the parties” for the tenant to take charge of some repairs.“This means that, despite prior agreements, the landlord must guarantee that the property is spotless and fit for habitation at the time of signing the rental contract,” Loyarte clarified.
How to return the property
Daniel Zampone , vice president of the Argentine Real Estate Chamber, stressed that the tenant is obliged to return the property in the same condition in which he received it, which generally includes painting. “The contract clearly establishes this point, and if the tenant does not comply, the security deposit is used to cover necessary repairs, such as repainting the unit,” he explained.The tenant must also take care of minor repairs, such as changing the “leathers” or electrical outlets due to natural wear and tear.
As for major or structural repairs, Zampone clarified that the responsibility falls on the owner or the consortium, not on the tenant.
"If a pipe breaks, for example, it is a problem for the consortium, which is covered by extraordinary expenses paid by the owner," he added.
Furthermore, the Code provides that the landlord must keep the property fit for the agreed use, assuming the costs of repairs that are not attributable to the tenant. In the event that the landlord does not carry out urgent repairs, the tenant may do so at his own expense, after notifying the landlord, at the latter's expense.
If a pipe breaks, it is not the tenant's responsibility, but the consortium's and is covered by expenses paid by the owner. If the tenant does not return the property in the same condition, the owner can use the security deposit for repairs, such as repainting the unit. It is key to clarify everything in the contract to avoid inconveniences (Illustrative Image Infobae)
Loyarte recommended carrying out an inspection of the property before finalizing the contract to verify its condition. “If the deposit does not cover the necessary repairs, the tenant must pay the difference or the owner may claim against the guarantor.”
What about the deposit?
There are two key points that need to be clarified regarding rental contracts. First, the return of the deposit varies depending on the regime under which the contract was signed. If the agreement was prior to Law 27,551, two months' deposit was generally requested. With the implementation of Law 27,551 and 27,737, the deposit had to be returned at the value of the last rent and recorded in the key return record.Under the current DNU, in many cases the deposit is taken in dollars to maintain its value, which implies that at the time of its reimbursement, dollars in cash must be returned, like those given at the beginning.
On the other hand, surety bonds or financial guarantees generally do not cover damage to the property, unless specific coverage is contracted. This point is key for owners to be protected during the rental.
“It is crucial that the parties clearly agree on the terms of the return of the deposit and the guarantees to avoid conflicts and close the contract in a way that is fair for both parties,” concluded Loyarte.
www.buysellba.com
