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What the decree repealing the Rental Law says
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Qué dice el decreto de derogación Ley Alquileres, noticias sobre MARCO LEGAL en Reporte Inmobiliario
Párrafos extraídos del texto decreto 70/2023 donde se habla específicamente sobre la derogación de la Ley y las nuevas normas expresas que deberán cumplirse a partir de la fecha.
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Paragraphs extracted from the text of decree 70/2023 where it specifically talks about the repeal of the Law and the new express regulations that must be complied with from that date.
What the decree repealing the Rental Law says
BASES FOR THE RECONSTRUCTION OF THE ARGENTINE ECONOMY
Decree 70/2023
DNU-2023-70-APN-PTE - Provisions.
City of Buenos Aires, 12/20/2023
“That the inconveniences and hardships that excess regulatory regulation has caused in private conventions, especially in housing rental contracts, is a public and notorious fact, with serious consequences for both landlords and tenants and the virtual destruction of the market.” real estate.
That accordingly, the repeal of the disastrous Rental Law No. 27,551 becomes essential.
That coherently with this, it is necessary to respect the will of citizens to agree on the forms of cancellation of their obligations to give sums of money, without distinction of the legal tender or not of the currency that is determined, without the debtor or the judge being able to that may eventually intervene to force the creditor to accept payment in a different currency, unless otherwise agreed.
ARTICLE 249.- Law No. 27,551 is repealed.
Chapter I - Civil and Commercial Code of the Nation (Law No. 26,994)
ARTICLE 250.- Article 765 of the Civil and Commercial Code of the Nation approved by Law No. 26,994 and its amendments is replaced by the following:
“ARTICLE 765.- Concept. The obligation is to give money if the debtor owes a certain amount of currency, determined or determinable, at the time of constitution of the obligation, whether or not it is legal tender in the country. The debtor is only released if he delivers the committed amounts in the agreed currency. “The judges cannot modify the form of payment or the currency agreed upon by the parties.”
ARTICLE 251.- Article 766 of the Civil and Commercial Code of the Nation approved by Law No. 26,994 and its amendments is replaced by the following:
“ARTICLE 766.- Obligation of the debtor. The debtor must deliver the corresponding amount of the designated species, whether the currency is legal tender in the Republic or not.”
ARTICLE 252.- Article 958 of the Civil and Commercial Code of the Nation approved by Law No. 26,994 and its amendments is replaced by the following:
“ARTICLE 958.- Freedom of contract. The parties are free to enter into a contract and determine its content, within the limits imposed by law or public policy. Legal norms are always of supplementary application to the will of the parties expressed in the contract, although the law does not expressly determine it for a specific contractual type, unless the norm is expressly imperative, and always with a restrictive interpretation.”
ARTICLE 253.- Article 960 of the Civil and Commercial Code of the Nation approved by Law No. 26,994 and its amendments is replaced by the following:
“ARTICLE 960.- Powers of judges. “Judges do not have the power to modify the stipulations of contracts, except at the request of one of the parties when authorized by law.”
ARTICLE 254.- Article 989 of the Civil and Commercial Code of the Nation approved by Law No. 26,994 and its amendments is replaced by the following:
“ARTICLE 989.- Judicial control of abusive clauses. “The administrative approval of the general clauses does not prevent their judicial control.”
ARTICLE 255.- Article 1196 of the Civil and Commercial Code of the Nation approved by Law No. 26,994 and its amendments is replaced by the following:
“ARTICLE 1196.- Bond, guarantee and periodicity of payment. The parties can freely determine the amounts and currency delivered as a bond or security deposit, and the way in which they will be returned at the end of the lease.
The parties will freely agree on the frequency of payment, which may not be less than monthly.”
ARTICLE 256.- Article 1198 of the Civil and Commercial Code of the Nation approved by Law No. 26,994 and its amendments is replaced by the following:
“ARTICLE 1198. Period for the location of property. The term of the leases with any destination will be the one that the parties have established.
In the event that no deadline has been established, (i) in cases of temporary location, it will be up to the one established by the uses and customs of the place where the leased property is located, (ii) in lease contracts for permanent housing. , with or without furniture, will be two (2) years and (iii) for the remaining destinations will be three (3) years.”
ARTICLE 257.- Article 1199 of the Civil and Commercial Code of the Nation approved by Law No. 26,994 and its amendments is replaced by the following:
“ARTICLE 1199. Payment and updating currency. Rents may be established in legal tender or foreign currency, at the free discretion of the parties. The tenant may not demand that payment be accepted in a currency other than that established in the contract.
The parties may agree to adjust the value of the rentals. The use of any index agreed upon by the parties, public or private, expressed in the same currency in which the rents were agreed will be valid. If the chosen index stops being published during the term of the contract, an official index with similar characteristics published by the National Institute of Statistics and Censuses will be used if the price is set in national currency, or one that fulfills the same functions in the country that issue the agreed payment currency.
Article 10 of Law No. 23,928 will not apply to the contracts included in this Chapter.”
ARTICLE 258.- Article 1202 of the Civil and Commercial Code of the Nation approved by Law No. 26,994 and its amendments is repealed.
ARTICLE 259.- Articles 1204 and 1204 bis of the Civil and Commercial Code of the Nation approved by Law No. 26,994 and its amendments are repealed.
ARTICLE 260.- The following is incorporated as subsection d) of article 1219 into the Civil and Commercial Code of the Nation approved by Law No. 26,994 and its amendments:
“d) for any cause established in the contract.”
ARTICLE 261.- Article 1220 of the Civil and Commercial Code of the Nation approved by Law No. 26,994 and its amendments is replaced by the following:
“ARTICLE 1220.- Resolution attributable to the landlord. The tenant may terminate the contract if the landlord fails to:
a) the obligation to keep the thing fit for the agreed use and enjoyment, except when the damage has been caused directly or indirectly by the tenant;
b) the guarantee of eviction or that of redhibitory defects.”
ARTICLE 262.- Article 1221 of the Civil and Commercial Code of the Nation approved by Law No. 26,994 and its amendments is replaced by the following:
“ARTICLE 1221. Advance resolution. The tenant may, at any time, terminate the contract by paying the equivalent of ten percent (10%) of the balance of the future rental fee, calculated from the date of notification of termination until the end date agreed in the contract.
ARTICLE 263.- Article 1221 bis of the Civil and Commercial Code of the Nation approved by Law No. 26,994 and its amendments is repealed.
ARTICLE 366.- Communicate, publish, give to the NATIONAL DIRECTORATE OF THE OFFICIAL REGISTRATION and archive it.
MILEI - Nicolás Posse - Guillermo Francos - Diana Mondino - Luis Petri - Luis Andres Caputo - Patricia Bullrich - Mario Antonio Russo - Mariano Cúneo Libarona - Guillermo José Ferraro - Sandra Pettovello
e. 12/21/2023 No. 104706/23 v. 12/21/2023
Access link to Decree 70/2023 repeal of the Rental Law
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