Sometimes the real estate agent performs the complete management and administration of the premises. In this case commission could range between 5-10%. Looking for an apartment in Argentina can be a time-consuming experience, despite favourable prices for foreigners. Be sure to allow plenty of time, which could be as long as several months. Once you do find an apartment, rental contracts in Argentina are generally of two years. For a commercial rental, the duration of the contract is normally three years. A contract can be for a maximum of ten years. The duration of contracts is covered by Argentinean law ( Ley 23091).

Rental agreements also state that if the tenant does not pay, the rental agreement is terminated and the tenant must vacate the premises. However, tenants do not always leave when asked, and owners must file charges in court to evict them, which can be an expensive and lengthy process. In order to prevent such trouble, a Convenio de Desocupación is often drawn up along with the rental agreement which covers such procedures as failure to pay and the leaving the premises. If tenants cause damage to the property beyond normal tear and wear, the landlord is allowed to deduct damages from the security deposit.

A third person, known as a garante is often required as part of a rental agreement as a guarantee that the tenant will pay the rent. If rent is not paid by the tenant, the landlord can claim the rent from the garante. The garante can claim back the money from the tenant, but this can be a long process with uncertain outcomes, which often makes it difficult to find a garante.

By law a landlord may not accept advance payments more than one month before the tenant occupies the premises. The security deposit may not exceed the equivalent of one month's rent for every year of the contract. Tenants are not allowed to make substantial changes in the apartment without the landlord's approval. Subletting is prohibited by Argentinean law and most contracts will also state this separately. Argentineans and foreigners are considered alike under the Civil Code.

If both parties agree in the real estate contract, another option to settle disputes is to go the Tribunal Arbitral para Asuntos Inmobiliaria (Real Estate Tribunal). The decisions of the Tribunal are binding and the process of starting up a procedure with the Real Estate Tribunal is often more economical than going to court.

Rental contracts normally contain the following details:

• Name, nationality and identification of both the tenant and landlord
• Address of the apartment
• Description of the condition the apartment (and furniture)
• A clause stating fines for subletting
• Exact amount of rent (in US$ and/or Ar$) and conditions of payment
• A clause stating fines for not paying rent and the right of the owner to start the eviction procedure
• The rental period for the apartment and fines for exceeding the rental period
• Agreement not to make any changes in the premises without the owners permission
• Payment of utility and maintenance expenses
• The amount of security deposit and the owner’s right to use the deposit for unpaid costs
• Clause regarding disputes
• Signatures of tenant and owner and the date of contract

Useful Addresses

• Rent Apartments in Buenos Aires
• Furnished Apartments for Temporary Rent in Buenos Aires

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