Law 27551 brought with it problematic situations that bathed the real estate market in uncertainty. This is why it is increasingly common for the actors involved to make detrimental decisions with which they believe they will save one of these situations.
The greatest difficulty arises because these apparent “solutions” that are sought or offered are extremely seductive, they do not conform to the unfortunate letter of the law. In practice we find real estate lease contracts for housing that do not conform to the the law that regulates them.For example, there are contracts signed in dollars (currency that is not legal tender in Argentina), with terms shorter than the legal minimum and increases in fees subject to semi-annual or quarterly percentages scheduled from the beginning that are far of the index published by the BCRA What is the biggest problem of all this?
Undoubtedly, the problem is the fact that the landlords are not being given correct advice on the consequences of signing a contract that does not fall within the norm that is of public order, that is, it is not available, modifiable by the parties. .
The consequences become visible when a tenant presents these contracts in court. The intervening judge will undoubtedly adjust the contract to the current legal regime. From this it follows that the guarantors who signed that contract are not going to guarantee what they did not sign. For this reason, the lessor starts to have a contract without guarantors who are responsible for the unwanted consequences, they will not guarantee the payment of fees for which they were not bound, nor of the obligations that arise after the lapse of time for the which they did not sign, in cases where a judge extends the term of the contract to the legal minimum.
Once again, this shows that the law that has been in force since 2020 has failed, pushing landlords to make decisions persuaded by the economic situation, seeking to obtain greater profitability benefits, but without knowing the consequences of not respecting this rule of order. public.
In order to avoid the greatest legal uncertainty and the consequences that we briefly describe, it is necessary that despite the fact that it is a law that has obviously failed, we seek to advise within the framework of the law, always taking into account the harmful effects that arise from acting outside the.
OVIEDO REAL ESTATE
Contact information:
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261-5136978
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Web: https://oviedoinmobiliaria.com.ar/
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