The Government established new conditions after the repeal of the Rental Law. Learn about the new measures and the rights that tenants have.
In December 2023, the national government repealed the Rental Law through the Decree of Necessity and Urgency (DNU) 70/2023which brought with it a change in the regulations that regulated rental contracts in Argentina. This modification impacted both owners as well as tenantssince the contracts were once again governed by the Civil and Commercial Code of the Nationspecifically by chapter 4, which regulates the relations between landlord and tenant.
One of the most controversial points was the establishment of new conditions so that a tenant can stop paying rent. According to the modifications, If the owner does not comply with his obligations to maintain the property, tenants can suspend payment of rent for as long as the place is not in habitable condition..
real estate property rentals
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The conditions under which a tenant can stop paying rent
According to the Civil and Commercial Codea tenant has the right to suspend payment of rent if the landlord does not carry out urgent repairs that affect the habitability of the property. This right extends when the property is not fit for habitation for a prolonged period due to non-compliance by the landlord.
He article 1201modified in 2023, establishes that if the owner does not carry out the repairs within the established deadlines, the tenant can proceed to carry them out on his own, with the cost borne by the landlord, as long as at least 24 hours have passed since the notice of the tenant. claim. In the event that the repairs are not urgent, the tenant You must wait at least 10 calendar days after the notification to be able to act.
real estate property rentals
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How does this new regulation affect rental contracts?
The repeal of the Rental Law changed the dynamics of rental contracts, granting more rights to tenants regarding the quality and conditions of the property. These changes may even lead to a renegotiation of contracts or even termination.
It is important to note that if the problem does not directly affect the property, the tenant’s obligations remain the same. However, if the repairs are urgent or affect the use of the property, the tenant has the right to suspend payment of the rent until the problems are resolved.
Source: Ambito
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