Now, if the intention is to modify only a few articles and not take advantage of submitting the entire law under analysis -since it presents poor wording of confusing interpretation and application in several of its articles-, we would be doing what is always the case, patching up the conflict without going to the background solution.
What changes can be made to the rental law and why?
Some of the recommended modifications would be, for example, in your Article 3regarding the term, here, showing a different point of view until then raised by those who think, which is that of modify the minimum lease to 1 year, this is evidently what the global trend today needs, the new generations are the ones to listen to, they do not want to perpetuate themselves in a long term in one place, today they do not seek to buy, rather to rent a time in each place. To this, added to the fact that in countries as inflationary as ours, there is no predictability of more than a year, be careful with this, I do not mean that this measure harms the center of life of families, on the contrary, It must be understood that the minimum referred to is an option that the parties have at the time of signing a lease agreement.with the incentive of a present State, where it generates tax benefits for those owners and tenants who rent for longer periods of time.
Another modification should be Article 13 fine, which, being in the wrong way its wording, where it forces the landlord to accept guarantees proposed by the tenant. This should not be worded that way, since it goes against contractual freedom, so its wording should be debated, which does not generate misinterpretations.
It should also be analyzed Article 14, regarding the rental price adjustments. To start with, you have to understand that those who know about prices, real estate, are real estate professionals, which is why they should be the ones who at least suggest and act as price setters, and about the corresponding updates if rented for periods longer than two years. With this, it would be possible to take advantage of the social role of the real estate professional, managing to put a brake on those who offer real estate at a price above its value and harm, distort prices, not only in terms of rentals, but also in the sale of the same. It is of vital importance to provide the real estate professional with his participation, his competence as such.
Something to keep in mind Article 17, Chapter III, of Law 27,551. This refers to a social rental plan, which has to formally facilitate access to decent housing rental, this has not been applied even since the law came into force, and in this regard we believe that could be applied by means of incentives, tax credits, etc. for those owners who investdump your property for rent whose prices are suggested, by the real estate professional in the area, who with social responsibility, professionalism will analyze the intrinsic and extrinsic characteristics of the property, giving their opinion on the matter and advising the parties in reaching an agreement Solomonic.
What role should the State assume in relation to rents?
The Condition in his role as such if he takes any interventionist measure, this must be that of promote real estate investment and invest in the construction of trusts at cost for location purposes, and encourage the creation of this type of project. For example, the construction of buildings where the prices are social or those formed by the real estate professional, thus achieving that the other offers, seeing that they are at a disadvantage, force them to reduce the values, reaching a balance.
It is more than clear the academic position with respect to analyzing in detail the current law, this accompanied with measures, a specific economic project, which has to transcend the letters of a law, this has to modify a way of thinking of society and its different actors and above all things a proposal that in the short term containsin the medium term reorganize and in the long term consolidate and provide security.
To conclude, it would be opportune that the universities through their academics, as well as the different intermediate institutions and representatives of all the parties, are what must arrive at real, concrete solutions, they are very sensitive decisions to be taken by a few.
Director of the Licentiate in Real Estate Management. Auctioneer and Public and Real Estate Broker of the Blas Pascal University.
Source: Ambito
