[Tango-L] Apt. scam in BsAs

Alberto Gesualdi clambat2001 at yahoo.com.ar
Tue Oct 26 12:07:50 EDT 2010


I am sorry to listen to you bad experience , Cherie.
There is not a 100% safeproof way to ensure the return of the security deposit on rented apt, but some tips could be commented . I have rented apartments, as argentine native, also my daughters , now I live in an owned apartment in Palermo.

1) it is better , for a long term rental ( 1 year, 2 years ) as is your case, to use a realstate agent, not to make a deal with an owner privately. Since the realstate agents, now in Buenos Aires at least, has to be registered, and there is a control over the rental contracts.

2) it is customary to held for one month or two months, ths security deposit, until the services arrived for the last period ( light, gas, water supply, telephone) . It is possible to obtain from the service companies, a certificate of non existing pending invoices, but usually this not cover the period from the last measurement of the company, to the effective date of cancellation of the rental contract. I am not sure the company will acept to issue an invoice for the days from the last measure to the end of the contract, since the services are not shut down , usually. If you shut down all the services, yes, you can pay the days partially remained, but the owner will be reluctant, since there is a reconnection charge , once the new inhabitant of the apartment wants to settle into the apt.

3) there is a chamber that hold the serious real state agents, it is the Camara Inmobiliaria, it has a website ( unfortunately, not english version, sorry) , and it has also all the laws and covenants, including the law that sets a basic rental apt contract.

http://www.cia.org.ar/aspectos_legales_articulo_ley23091.php

this law 23091 , concerning the security deposit, is clear by saying that this deposit has to be given in money ( not species), and, when the contract is finished, it has to be reimbursed to the tenant, adjusted by the same index used for the monthly payments of rental. In practical terms, if the security deposit at beginning was = 2 months of rental, the owner has to reimburse to the tenant, two months of rental at the value of the last month paid.

One thing that is also made, as customary, and a relative of mine have done this year, is :

- to inform the owner that you will end your rental within two months, and that will affect the security payment to this two months . So you not pay anymore, and when receiving the apartment, the owner could make some petitions, or before you leave ( to clean or paint if it is damaged, etc..)


as the Holy Bible says " if you are with your enemy, goling to a court, to make a demand, better make an arrangement off the court , that will be better than the best of a judge decision "


alberto
buenos aires



--- El lun 25-oct-10, Cherie <macfroggy at aol.com> escribió:

> De: Cherie <macfroggy at aol.com>
> Asunto: [Tango-L] Apt. scam in BsAs
> Para: tango-l at MIT.EDU
> Fecha: lunes, 25 de octubre de 2010, 19:28
> 
> I just have to add that after living in my first BsAs
> apartment rented direct from the owner and leaving it in
> 2005 after two years in better condition than when I arrived
> (I completely rewired it, upgraded the heating system,
> etc.), the owner refused to give me back my deposit, saying,
> "In Argentina, the security deposit is never returned." So
> make of that anecdote what you will.
> 
> 
> Saludos!
> Cherie
> 
> 
> http://tangocherie.blogspot.com
> 
> 
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