Explore, connect, thrive in
the expat community

Expat Life: Local Discoveries, Global Connections

Real Estate News Rental Law: two modification projects advanced in Deputies and the changes are in their final stage - La Nación Propiedades

BuySellBA

Administrator
Rental Law: two modification projects advanced in Deputies and the changes are in their final stage - La Nación Propiedades


1704396789222.png

Source:



October 04, 2023


In a plenary session of commissions, the legislators voted on two opinions that will be discussed later in the chamber; The Frente de Todos signed with a majority the proposal that the Senate approved last week.

By Mercedes Soriano

rs=w:1280


In a plenary session of commissions, the legislators voted on two opinions that will be discussed later in the chamber.

The modification of the rental law advanced one box and is now very close to the finish line. In a plenary session of committees, the legislators voted on two opinions to soon discuss the changes proposed by the Senate in the Chamber of Deputies. The representatives of Together for Change signed in favor of insisting on the original half-sanction of Deputies that had been approved in August, while the Frente de Todos approved with a majority the reforms that the Senate approved last week.

Radio Hall says that the law could be approved next week, although there is still no confirmed date. When the session takes place, the Chamber of Deputies will be able to insist on the original text that it approved last August or accept the changes proposed by the Senate.
.
What is needed for the modification to be approved? That more than half of the Deputies present vote in favor of any of the projects with the additions or corrections introduced, as explained in article number 81 of the National Constitution. However, it is worth clarifying that there is still no date for that instance.

In the future session, the forces that were not represented in this last commission will play an important role, such as the Left, libertarians, socialism or Buenos Aires Identity.


rs=w:1280


The chosen project will be law if more than half of the Deputies present vote in favor of the project with the additions or corrections introduced.

During the hour that the plenary session of the General Legislation and Budget committees of the Chamber of Deputies lasted, the legislators commented on the modification projects and reviewed the problems that the real estate market is going through. On the part of the ruling party, the national deputy of the FdT, Itaí Hagman, said: “We are faced with two options but the project that the Senate approved is better than the one that came out of the Deputies,” and celebrated “that there is no longer talk of repeal because “That was going to leave the tenants unprotected.”

On the other hand, the opposition PRO deputy -Pablo Tonelli- indicated that “the law did not give the expected results.” Along these lines, he stated that his party will insist “with the original sanction of our chamber to return to a situation of greater balance.”


What each project proposes​

The original project that was already approved by the Chamber of Deputies is promoted by the opposition and today obtained the smallest number of signatures. It mainly proposes:
  • Reduce the contract term from three to two years.
  • Reduce the periodicity of the rental price adjustment from 12 to four months.
  • Leave it to the parties to choose an index to adjust the value by the consumer price index (CPI), the wholesale price index (WPI) and the wage index (IS), prepared by the National Statistics Institute. and Censuses (INDEC) or a combination of said indices.
This project also allows advance payments of up to one month and defines what can be interpreted as urgent repairs, which helps to improve the reading of the law and contracts.

In addition, it clarifies the definition of the urgency of a repair and maintains the obligation to register contracts in AFIP. Regarding this last point, it is added that the landlord's failure to register is not penalized with the sanctions of Law 11,683, that in the event of a trial the judge is not required to inform the AFIP about the existence of that contract so that it can take action. intervention in the process and adds the possibility for the tenant to inform the AFIP of the existence of the contract.

It also promotes tax benefits such as those who have up to three rental homes are exempt from paying the monotax, who are exempt from paying the Personal Property Tax on rented homes but with a limit to be determined according to the value of the contracts and propose changes in “ 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.”

Last week, the Senate approved a series of changes that modify the bases of the project that came with half the approval of Deputies.

As a counterpart, the official initiative that today managed to be the majority opinion seeks:
  • That the term of the contracts be three years as at present.
  • That the minimum value update is every six months.
  • That it be indexed to the Own House coefficient, developed by the Ministry of Territorial Development and Habitat. The index takes into account the lowest indicator between the average salary variation of the last year and the average inflation of the same period. However, specialists point out that adjusting the rental value every six months based on the Own Home coefficient does not imply an improvement in income but rather would be maintained in the same way as the annual update based on the Rental Contract Index does now. Location (ICL). That is It would not produce a substantial improvement in supply, which is one of the underlying problems of the market. And then the changes would be almost imperceptible because the duration of the contracts would continue to be three years, updating by the ICL once a year or by the Casa Propia coefficient every six months would give a similar result.
In addition, this project eliminates the possibility that owners can request payment months in advance, maintains the obligation to register contracts with the AFIP as indicated by the current law, and clarifies that rental advertising must be made in national currency. (pesos), proposes to modify the definition of urgent repairs determined by the proposal signed by Deputies to leave it as established by the current law and leaves some articles unchanged so that they remain as they were approved in the Lower House.


By Mercedes Soriano


www.buysellba.com
 
Back
Top