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New Rental Law is now in force - Reporte Inmobiliario
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www.reporteinmobiliario.com
October 17, 2023
As of today, the new Rental Law applies in Argentina. The modification of Law 27737 completes
The complete text to be taken into account, the updates are not based on “Casa Propia” as it was said, but rather based on a coefficient made up of the smallest variation that arises from comparing the average of 0.9 of the variation of the Coefficient of Salary Variation (CVS), published by INDEC and the variation of the Reference Stabilization Coefficient (CER).The Senate and Chamber of Deputies of the Argentine Nation meeting in Congress, etc. sanction with force of law:CHAPTER IReforms to the Civil and Commercial Code of the NationArticle 1 - Replace article 1,198 of the National Civil and Commercial Code, according to the modification introduced by article 3 of law 27,551, which is worded as follows:Article 1,198: Minimum term for the lease of property. The property lease contract, whatever its destination, if it lacks an express and determined longer term, is considered concluded for the minimum legal term of three (3) years, except in the cases of article 1,199.
Article 2 - Replace article 1,199 of the Civil and Commercial Code of the Nation, according to the modification introduced by article 4 of law 27,551, which will be worded as follows:Article 1,199: Exceptions to the minimum legal term. The minimum legal term does not apply to lease contracts for real estate or part of it intended for: a) Headquarters of an embassy, consulate or international organization, and for housing its foreign diplomatic or consular personnel;b) Room with furniture that is rented for tourism, rest or similar purposes, and for any other temporary purpose in the interest of the tenant. If the term of the contract or consecutive contracts exceeds three (3) months, it is presumed, unless proven otherwise, that it was not made for those purposes;c) Keeping things;d) The locations of stalls in markets or fairs.Nor does the minimum legal term apply to contracts that have as their objective the fulfillment of a specific purpose expressed in the contract and that must normally be fulfilled within the shorter agreed term.Article 3 - Replace article 1,201 of the National Civil and Commercial Code, according to the modification introduced by article 5 of law 27,551, which will be worded as follows:Article 1,201: Keep the thing fit for the agreed use. The lessor must keep the leased property in a state of being able to serve the agreed use and enjoyment and carry out at his own expense the repair required by the deterioration in its quality or defect, caused by any cause not attributable to the lessee.In case of refusal or silence of the landlord in response to a duly notified claim by the tenant, to carry out any urgent repair, the tenant may carry out the repair itself, at the landlord's expense, after at least twenty-four (24) calendar hours have elapsed, counted from of receipt of the notification.If the repairs are not urgent, the tenant must notify the landlord to carry out the repairs within a period that may not be less than ten (10) calendar days, counted from the receipt of the notice, after which time the tenant may proceed. in the manner indicated in the preceding paragraph. In all cases, the notification sent to the address reported by the lessor in the contract will be considered valid, even if the lessor refuses to receive it or cannot be perfected for reasons attributable to him.
Article 4 - Replace article 1,221 of the National Civil and Commercial Code, according to the modification introduced by article 9 of law 27,551, which will be worded as follows:Article 1,221: Advance resolution. The rental contract can be terminated in advance by the tenant:a) If the thing leased is a property and six (6) months of the contract have elapsed, you must reliably notify your decision to the lessor at least one (1) month in advance. If you use the termination option in the first year of the lease relationship, you must pay the landlord, as compensation, the sum equivalent to one and a half (1½) months of rent at the time of vacating the property, and the of one (1) month if the option is exercised after said period, considering for its calculation the value equivalent to the rental month in which the property is delivered. In real estate contracts for housing, when notification to the landlord is made three (3) months or more in advance, and said notice takes effect after six (6) months of the contract has been completed, payment is not applicable. of any compensation for said concept;b) In the cases of article 1,199, the lessor must be paid the equivalent of two (2) months' rent, considering for its calculation the value equivalent to the rental month in which the property is delivered.
CHAPTER IIReforms to law 27,551Article 5 - Article 14 of Law 27,551 is modified, which will be worded as follows:Article 14: Adjustments. Lease contracts, whatever their destination, are exempt from the provisions of articles 7 and 10 of law 23,928 and its amendments.In lease contracts for real estate intended for residential use, the rental price must be set as a single value, in national currency, and for monthly periods, on which adjustments may be made with the periodicity agreed upon by the parties and for intervals not less than to six (6) months.For the purposes established in the previous paragraph, the adjustments must be made using a coefficient made up of the smallest variation that arises from comparing the average of 0.9 of the variation of the Salary Variation Coefficient (CVS), published by the INDEC and the variation of the Reference Stabilization Coefficient (CER), published by the Central Bank of the Argentine Republic.Article 6 - Incorporate as article 14 bis of law 27,551, which will be worded as follows:Article 14 bis: All advertising, in any media or platform, that includes the price of real estate locations for residential use must be carried out in national currency, and any advertising in violation of this law, the Civil and Commercial Code, and Law 27,551 is prohibited. and complementary standards.
Article 7 - Publication of statistics. Incorporate subsection k) to article 19 of law 27,551, which will be worded as follows:k) Survey and disseminate periodically and updated statistical information on the situation of locations for housing purposes, in the Argentine Republic, identifying rental demand and number of tenant households, and on the housing demand for social rental, beneficiaries reached and the measures adopted for its fulfillment.
CHAPTER IIIIncentives
Article 8 - Monotax. Modify paragraph e) of article 2 of the annex Simplified Regime for Small Taxpayers (RS), monotax, title II of law 26,565, which will be worded as follows:e) They do not carry out more than three (3) simultaneous activities or do not have more than three (3) operating units. In the case of real estate leasing activity, through duly registered contracts, it is considered as a single operating unit regardless of the number of properties affected by it.Income coming exclusively from the rental of up to two (2) properties will be exempt from paying the Monotributo.Article 9 - Personal property. Exemption. Incorporate subsection l) to article 21 of title VI of decree 281/97 (t. o. law 23,966), on tax on personal property, which will be worded as follows:l) Real estate intended for residential use, with duly registered contracts, when the value of each of them is equal to or less than the amount established in the second paragraph of article 24.
Article 10.- Tax on bank debits and credits. Incorporate the following as subsection d) of article 2 of Law 25,413:d) Credits and debits in savings accounts or bank checking accounts used exclusively for the operations inherent to the activity of leasing properties for residential purposes, whose contracts are duly registered, in accordance with the regulations.Article 11.- Incorporate as subsection k) to article 85 of law 20,628 (t.o. 2019) the following:k) Ten percent (10%) of the total annual amount of property rentals allocated to a home. Both parties, tenant and lessor, may use this deduction in addition to other deductions that exist.
CHAPTER IVFinal provisionsArticle 12.- Validity. The provisions of this law will come into force on the day following its publication in the Official Gazette and will apply for fiscal years 2023 and following.Article 13.- Invitation. The provinces and the Autonomous City of Buenos Aires are invited to approve tax benefits in their jurisdictions in the rental contracts for house-residential purposes entered into and registered in accordance with the law, as well as their extensions, assignments and transfers. Article 14.- Communicate to the national Executive Branch.
GIVEN IN THE SESSION ROOM OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON THE TENTH DAY OF THE MONTH OF OCTOBER OF THE YEAR TWO THOUSAND TWENTY-THREEREGISTERED UNDER N° 27737CRISTINA FERNÁNDEZ DE KIRCHNER - CECILIA MOREAU - Marcelo Jorge Fuentes - Eduardo Cergnuland. 10/17/2023 No. 83364/23 v. 10/17/2023
Publication date 10/17/2023
www.buysellba.com
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Ya rige nueva Ley de Alquileres, noticias sobre MARCO LEGAL en Reporte Inmobiliario
Desde el 18 de octubre rige la nueva Ley de Alquileres en Argentina. La modificación de la Ley 27737 completa
www.reporteinmobiliario.com
October 17, 2023
As of today, the new Rental Law applies in Argentina. The modification of Law 27737 completes
The complete text to be taken into account, the updates are not based on “Casa Propia” as it was said, but rather based on a coefficient made up of the smallest variation that arises from comparing the average of 0.9 of the variation of the Coefficient of Salary Variation (CVS), published by INDEC and the variation of the Reference Stabilization Coefficient (CER).The Senate and Chamber of Deputies of the Argentine Nation meeting in Congress, etc. sanction with force of law:CHAPTER IReforms to the Civil and Commercial Code of the NationArticle 1 - Replace article 1,198 of the National Civil and Commercial Code, according to the modification introduced by article 3 of law 27,551, which is worded as follows:Article 1,198: Minimum term for the lease of property. The property lease contract, whatever its destination, if it lacks an express and determined longer term, is considered concluded for the minimum legal term of three (3) years, except in the cases of article 1,199.
Article 2 - Replace article 1,199 of the Civil and Commercial Code of the Nation, according to the modification introduced by article 4 of law 27,551, which will be worded as follows:Article 1,199: Exceptions to the minimum legal term. The minimum legal term does not apply to lease contracts for real estate or part of it intended for: a) Headquarters of an embassy, consulate or international organization, and for housing its foreign diplomatic or consular personnel;b) Room with furniture that is rented for tourism, rest or similar purposes, and for any other temporary purpose in the interest of the tenant. If the term of the contract or consecutive contracts exceeds three (3) months, it is presumed, unless proven otherwise, that it was not made for those purposes;c) Keeping things;d) The locations of stalls in markets or fairs.Nor does the minimum legal term apply to contracts that have as their objective the fulfillment of a specific purpose expressed in the contract and that must normally be fulfilled within the shorter agreed term.Article 3 - Replace article 1,201 of the National Civil and Commercial Code, according to the modification introduced by article 5 of law 27,551, which will be worded as follows:Article 1,201: Keep the thing fit for the agreed use. The lessor must keep the leased property in a state of being able to serve the agreed use and enjoyment and carry out at his own expense the repair required by the deterioration in its quality or defect, caused by any cause not attributable to the lessee.In case of refusal or silence of the landlord in response to a duly notified claim by the tenant, to carry out any urgent repair, the tenant may carry out the repair itself, at the landlord's expense, after at least twenty-four (24) calendar hours have elapsed, counted from of receipt of the notification.If the repairs are not urgent, the tenant must notify the landlord to carry out the repairs within a period that may not be less than ten (10) calendar days, counted from the receipt of the notice, after which time the tenant may proceed. in the manner indicated in the preceding paragraph. In all cases, the notification sent to the address reported by the lessor in the contract will be considered valid, even if the lessor refuses to receive it or cannot be perfected for reasons attributable to him.
Article 4 - Replace article 1,221 of the National Civil and Commercial Code, according to the modification introduced by article 9 of law 27,551, which will be worded as follows:Article 1,221: Advance resolution. The rental contract can be terminated in advance by the tenant:a) If the thing leased is a property and six (6) months of the contract have elapsed, you must reliably notify your decision to the lessor at least one (1) month in advance. If you use the termination option in the first year of the lease relationship, you must pay the landlord, as compensation, the sum equivalent to one and a half (1½) months of rent at the time of vacating the property, and the of one (1) month if the option is exercised after said period, considering for its calculation the value equivalent to the rental month in which the property is delivered. In real estate contracts for housing, when notification to the landlord is made three (3) months or more in advance, and said notice takes effect after six (6) months of the contract has been completed, payment is not applicable. of any compensation for said concept;b) In the cases of article 1,199, the lessor must be paid the equivalent of two (2) months' rent, considering for its calculation the value equivalent to the rental month in which the property is delivered.
CHAPTER IIReforms to law 27,551Article 5 - Article 14 of Law 27,551 is modified, which will be worded as follows:Article 14: Adjustments. Lease contracts, whatever their destination, are exempt from the provisions of articles 7 and 10 of law 23,928 and its amendments.In lease contracts for real estate intended for residential use, the rental price must be set as a single value, in national currency, and for monthly periods, on which adjustments may be made with the periodicity agreed upon by the parties and for intervals not less than to six (6) months.For the purposes established in the previous paragraph, the adjustments must be made using a coefficient made up of the smallest variation that arises from comparing the average of 0.9 of the variation of the Salary Variation Coefficient (CVS), published by the INDEC and the variation of the Reference Stabilization Coefficient (CER), published by the Central Bank of the Argentine Republic.Article 6 - Incorporate as article 14 bis of law 27,551, which will be worded as follows:Article 14 bis: All advertising, in any media or platform, that includes the price of real estate locations for residential use must be carried out in national currency, and any advertising in violation of this law, the Civil and Commercial Code, and Law 27,551 is prohibited. and complementary standards.
Article 7 - Publication of statistics. Incorporate subsection k) to article 19 of law 27,551, which will be worded as follows:k) Survey and disseminate periodically and updated statistical information on the situation of locations for housing purposes, in the Argentine Republic, identifying rental demand and number of tenant households, and on the housing demand for social rental, beneficiaries reached and the measures adopted for its fulfillment.
CHAPTER IIIIncentives
Article 8 - Monotax. Modify paragraph e) of article 2 of the annex Simplified Regime for Small Taxpayers (RS), monotax, title II of law 26,565, which will be worded as follows:e) They do not carry out more than three (3) simultaneous activities or do not have more than three (3) operating units. In the case of real estate leasing activity, through duly registered contracts, it is considered as a single operating unit regardless of the number of properties affected by it.Income coming exclusively from the rental of up to two (2) properties will be exempt from paying the Monotributo.Article 9 - Personal property. Exemption. Incorporate subsection l) to article 21 of title VI of decree 281/97 (t. o. law 23,966), on tax on personal property, which will be worded as follows:l) Real estate intended for residential use, with duly registered contracts, when the value of each of them is equal to or less than the amount established in the second paragraph of article 24.
Article 10.- Tax on bank debits and credits. Incorporate the following as subsection d) of article 2 of Law 25,413:d) Credits and debits in savings accounts or bank checking accounts used exclusively for the operations inherent to the activity of leasing properties for residential purposes, whose contracts are duly registered, in accordance with the regulations.Article 11.- Incorporate as subsection k) to article 85 of law 20,628 (t.o. 2019) the following:k) Ten percent (10%) of the total annual amount of property rentals allocated to a home. Both parties, tenant and lessor, may use this deduction in addition to other deductions that exist.
CHAPTER IVFinal provisionsArticle 12.- Validity. The provisions of this law will come into force on the day following its publication in the Official Gazette and will apply for fiscal years 2023 and following.Article 13.- Invitation. The provinces and the Autonomous City of Buenos Aires are invited to approve tax benefits in their jurisdictions in the rental contracts for house-residential purposes entered into and registered in accordance with the law, as well as their extensions, assignments and transfers. Article 14.- Communicate to the national Executive Branch.
GIVEN IN THE SESSION ROOM OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON THE TENTH DAY OF THE MONTH OF OCTOBER OF THE YEAR TWO THOUSAND TWENTY-THREEREGISTERED UNDER N° 27737CRISTINA FERNÁNDEZ DE KIRCHNER - CECILIA MOREAU - Marcelo Jorge Fuentes - Eduardo Cergnuland. 10/17/2023 No. 83364/23 v. 10/17/2023
Publication date 10/17/2023
www.buysellba.com
