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Lease Agreements: What Tenants Should Do If the Property Changes Ownership or the Owner Dies - Infobae
Source:
www.infobae.com
October 03, 2024
Key aspects and recommendations to take into account when signing a rental contract in Argentina. Next Monday, October 7, International Tenant Day is celebrated
By Jose Luis Cieri
Rental contracts guarantee tenants in the event that a unit is left without an owner (Illustrative Image Infobae)
In the complex scenario of the rental market, knowing the rights of tenants is crucial, especially when the rented property changes hands or the owner dies. The recent regulatory changes resulting from the DNU that repealed the Rental Law of 2020 redefined the scheme of relationships between landlords and tenants. Now, agreements are more flexible and depend on direct negotiation between the parties.
Some key points are detailed below. It is vital that, following this DNU, contracts are free and deregulated. It is essential that both owners and tenants reach a prior agreement to ensure that all terms are established in the contract, which generally has a maximum duration of two years.
In this context, knowing the clauses on changes of ownership is essential to ensure the stability of the rented residence.
Article 1219 establishes that the lessor may terminate the contract in the cases provided for, including: d) for any reason set out in the contract (this modification was introduced by DNU 70/2023).
Failure to pay may lead to eviction if the tenant does not return the property after notice or termination of the contract. If the owner refuses the keys, the tenant can hand them over to a judge, assuming the costs (Illustrative image Infobae)
The rights of landlords and tenants are covered by a legal framework that protects them against any impediment. Still, there are some rental contracts that add an additional clause to determine what should happen if the owner dies, as long as they comply with what is established in the CCyC.
According to the CCyC, the tenant must return the property after notice or at the end of the contract. If the keys are returned within 10 working days after notice, no rent is paid for that period. If the owner refuses to accept them, the tenant can hand them over to a judge, at his own expense.
The real estate consultancy Zonaprop released these guidelines on the occasion of International Tenants' Day, celebrated on the first Monday in October (this year, on October 7), which seeks to highlight the rights of those who rent, promoting fair and accessible rentals.
This commemoration, established in 1986 by the French Tenants' Organisation and adopted by the International Union of Tenants (IUT), coincides with World Habitat Day. Founded in 1926 in Zurich, Switzerland, IUT is a non-governmental organisation that defends the interests of tenants globally and acts as a consultant to the Economic and Social Council of the United Nations (UN).
“However, this did not solve the housing problem, as there is no significant improvement in the real possibility of accessing housing and staying there. Shorter contracts and sharp increases in the short term make paying rent more difficult , making moving the most viable option for many,” he warned.
Traditional renting offers more advantages to tenants than temporary renting, as it allows for greater stability and predictability, especially for those who live close to their work or study. Temporary renting, with moving every three months, creates instability.
This format had a negative impact on communities in tourist areas, such as San Martín de los Andes, where the lack of housing for health professionals complicated care in a hospital that opened this year.
As main advice to tenants in this new context, Mazzoni Amado recommended not signing a contract without first reading it and seeking legal advice, especially on clauses regarding rent increases and those referring to the termination of the contract. “It is also advisable to prepare a detailed inventory of the state of the property to prevent future conflicts and problems,” he concluded.
www.buysellba.com
Source:
Contratos de alquiler: qué deben hacer los inquilinos si la propiedad cambia de dueño o muere el propietario
Aspectos y recomendaciones clave a tener en cuenta al firmar un contrato de alquiler en la Argentina. El lunes 7 de octubre se celebra el Día Internacional del Inquilino
www.infobae.com
October 03, 2024
Key aspects and recommendations to take into account when signing a rental contract in Argentina. Next Monday, October 7, International Tenant Day is celebrated
By Jose Luis Cieri
Rental contracts guarantee tenants in the event that a unit is left without an owner (Illustrative Image Infobae)
In the complex scenario of the rental market, knowing the rights of tenants is crucial, especially when the rented property changes hands or the owner dies. The recent regulatory changes resulting from the DNU that repealed the Rental Law of 2020 redefined the scheme of relationships between landlords and tenants. Now, agreements are more flexible and depend on direct negotiation between the parties.
Some key points are detailed below. It is vital that, following this DNU, contracts are free and deregulated. It is essential that both owners and tenants reach a prior agreement to ensure that all terms are established in the contract, which generally has a maximum duration of two years.
In this context, knowing the clauses on changes of ownership is essential to ensure the stability of the rented residence.
- According to articles 1189 and 1190 of the Civil and Commercial Code of the Nation (CCyC), the rental contract protects the tenant in the event of death or the sale of the property, provided that the established conditions and rental payments are met.
- The owner's successors must assume responsibilities such as paying extraordinary expenses and maintaining the property, while the tenant remains responsible for ordinary expenses and rent.
- In the event that a family member of the deceased owner claims the rent, tenants must request legal documentation accrediting him or her as heir or successor representative.
Article 1219 establishes that the lessor may terminate the contract in the cases provided for, including: d) for any reason set out in the contract (this modification was introduced by DNU 70/2023).
Payments during the succession process
There is a possibility that there are no heirs or the succession process takes longer than usual, so it is not entirely clear who will be the new owner of the property. In this case, it is key to continue paying the monthly rent, either to a previously established account or to a person who has legal documentation to avoid future inconveniences.
Failure to pay may lead to eviction if the tenant does not return the property after notice or termination of the contract. If the owner refuses the keys, the tenant can hand them over to a judge, assuming the costs (Illustrative image Infobae)
The rights of landlords and tenants are covered by a legal framework that protects them against any impediment. Still, there are some rental contracts that add an additional clause to determine what should happen if the owner dies, as long as they comply with what is established in the CCyC.
What happens if you don't pay the rent?
Failure to pay rent can result in legal consequences. If the landlord does not receive payment within the stipulated time, he or she can issue a notice or even evict the tenant.According to the CCyC, the tenant must return the property after notice or at the end of the contract. If the keys are returned within 10 working days after notice, no rent is paid for that period. If the owner refuses to accept them, the tenant can hand them over to a judge, at his own expense.
The real estate consultancy Zonaprop released these guidelines on the occasion of International Tenants' Day, celebrated on the first Monday in October (this year, on October 7), which seeks to highlight the rights of those who rent, promoting fair and accessible rentals.
This commemoration, established in 1986 by the French Tenants' Organisation and adopted by the International Union of Tenants (IUT), coincides with World Habitat Day. Founded in 1926 in Zurich, Switzerland, IUT is a non-governmental organisation that defends the interests of tenants globally and acts as a consultant to the Economic and Social Council of the United Nations (UN).
Recommendations
Ludmila Mazzoni Amado , from the Mazzoni & Asoc. law firm, an expert in real estate issues, told Infobae that tenants have experienced certain benefits since the implementation of the DNU, such as the increase in the supply of rentals visible on search platforms.“However, this did not solve the housing problem, as there is no significant improvement in the real possibility of accessing housing and staying there. Shorter contracts and sharp increases in the short term make paying rent more difficult , making moving the most viable option for many,” he warned.
Traditional renting offers more advantages to tenants than temporary renting, as it allows for greater stability and predictability, especially for those who live close to their work or study. Temporary renting, with moving every three months, creates instability.
This format had a negative impact on communities in tourist areas, such as San Martín de los Andes, where the lack of housing for health professionals complicated care in a hospital that opened this year.
As main advice to tenants in this new context, Mazzoni Amado recommended not signing a contract without first reading it and seeking legal advice, especially on clauses regarding rent increases and those referring to the termination of the contract. “It is also advisable to prepare a detailed inventory of the state of the property to prevent future conflicts and problems,” he concluded.
www.buysellba.com
