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Renting in Argentina: since late 2023 the contract decides almost everything

Since Decreto 70/2023 the old rental law, Ley 27.551, has been abolished and only the rules of the Civil Code apply. Tenant and landlord freely choose the term, the currency, the deposit and the indexation. If the contract says nothing about the term, two years applies to a home.

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Renting a home in Argentina has, since late 2023, mainly been a matter of negotiation. Decreto 70/2023 abolished the rental law Ley 27.551. Since then only the articles on leases in the Civil Code, the Código Civil y Comercial, apply, as the decree rewrote them. Term, currency, deposit and indexation are agreed freely. The code only fills in what the contract leaves open, and it gives the tenant a few rights you cannot contract away.

Subject What the law says Article
Form in writing, for a home 1188
Term what you agree; without agreement 2 years for permanent living 1198
Temporary rental without agreement according to local custom 1198
Maximum term 20 years for housing 1197
Currency pesos or a foreign currency, as chosen 1199
Indexation any index the parties choose, in the currency of the rent 1199
Payment period free, but not shorter than monthly 1196
Deposit amount, currency and return freely agreed 1196
Stopping early as tenant always possible, for 10% of the remaining rent 1221
Arrears on a home first a demand for payment of at least 10 days 1222

What changed with Decreto 70/2023?

The decree rewrote the articles on the deposit, the term and the currency. The new article 1199 lets the rent be set in pesos or in a foreign currency, and the tenant cannot demand that the landlord accept another currency. Any index is allowed, public or private, as long as it is in the same currency as the rent. If the index disappears for a rent in pesos, a comparable official index from the statistics office INDEC takes over.

A contract in dollars is therefore allowed. The decree also rewrote article 765: a debtor is only released when he pays in the agreed currency. How you bring dollars or pesos to Argentina is in bank and payments.

How long does a contract run?

As long as you agree. If the contract says nothing, two years applies to a home where you live permanently, furnished or not. For a temporary rental, such as a flat for a few months, local custom applies. If the contract ends and you stay on, the lease continues on the same terms until one of you gives verifiable notice. There is then no tacit renewal for a new term.

Can you leave early?

Yes. Article 1221 lets the tenant terminate at any time, for a payment of 10% of the rent that would still follow until the end of the contract, counted from the day of notice. On a two-year contract that you end after a year, you therefore pay 10% of twelve months' rent.

Read the deposit and the termination in the contract itself before you sign. The law leaves the deposit completely free: how much, in which currency and how you get it back. What is not written down is hard to enforce later.

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What does the tenant pay, and what the landlord?

The tenant pays the charges that follow from how he uses the home. The taxes on the property itself and the extraordinary service charges of the building, the expensas extraordinarias, are for the landlord. Only the ordinary costs of the regular services in the building can be placed with the tenant. The landlord keeps the home usable and pays repairs not caused by the tenant. A guarantor, the fiador, is released once the contract ends, except if you do not return the home on time.

Subletting part of the home is allowed unless the contract forbids it. You then notify the landlord verifiably, with the name and address of the subtenant.

What if you miss a month's rent?

Before a landlord seeks eviction from a home for arrears, he must give you a verifiable demand for payment. He gives you at least ten days to pay and states where you pay.

What should you watch out for?

In the border zone a national commission controls who may buy and who may rent. On land that zone can extend up to 150 kilometres from the border; the exact line is on the map of Decreto 253/2018. The Ministry of Security can exempt towns in that zone. If you rent outside the big cities, near the border with Chile or Brazil, ask whether the home lies in the zone; see also buying a house in Argentina.

In your first months, preferably rent temporarily, until you know the area and your residencia is settled. What you need for that is in registration and numbers. The order of the steps is in the route to Argentina.

In Vertrekklaar this is phase 5 of 5 of the journey, step 5.6: the same steps, but for your situation — in your order, tickable, and with the deadlines watched. See the whole journey to Argentina or go straight to step 5.6 in the open plan.

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Then we'll send you the departure checklist for Argentina, with every step in order, and five mails about the pitfalls and the real costs. You can switch it off at any time.

We use your address, and your departure date if you fill it in, only for the checklist, the guide and the mails after it. You can unsubscribe under every mail.

What this rests on

The facts in this article come from these official pages. Rules change. When in doubt, go by the source, not this article.

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