Deadline Minimum rental of a building intended for housing, is in principle two years, according to law. This period is of public order and therefore can not be modified by agreement between tenant and landlord.
However, there are cases where this term can be shortened, among others:
- a decision by the tenant or lessee: it has the unilateral right to rescind the contract (rescind) in advance, but in this case, doing so must give prior notice to the lessor by fechaciente (letter or telegram document delivery notice) with an anticipation not less than 60 days and pay compensation in an amount equal to one and a half months rent if terminated prior to the first year or a month if it does during the second year of contract
- verification of defects in the building that had not been apparent or known to the tenant and / or make it impossible to use for contract (in this case, housing), in which case the tenant is entitled to terminate the contract without penalty or request a price reduction of rent;
- total loss of property through no fault of either party (for example, war or revolution) or the fault of either party, in which case in addition to being void the contract, the guilty party shall make compensation for damages to the other;
- by mutual agreement.
These are just some of the cases in ending the contract before the agreed period, but there are other events where a particular query may be referred to appropriate counseling. Carlos Alberto Gemetro
Advocate Bar Association of the Federal Capital
Volume 9 Folio 875 Ciudad Autónoma de Buenos Aires Argentina Republic
Contact: drgemetro@speedy.com.ar
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