Lease agreements are among the most common legal documents and, paradoxically, among those where the most errors occur. Poorly drafted clauses, inadequate terms, insufficient security, or ill-structured rent adjustment mechanisms lead to costly disputes: enforcement actions for non-payment, litigation over property damage, and difficulties recovering possession at the lease's end.
Argentina's urban tenancy legislation has undergone significant changes in recent years, with successive amendments to Tenancy Law 27.551 and modifications introduced by executive decrees (DNU). The regulatory landscape demands up-to-date advice: what was valid six months ago may no longer hold. We advise landlords and tenants on drafting, review, dispute mediation, and litigation.
Urban leases are governed by Articles 1187 to 1226 of the Civil and Commercial Code and by Tenancy Law 27.551 (as amended by subsequent reforms and recent executive decrees that modified key aspects: terms, adjustment mechanisms, and payment currency). The rules applicable to a specific contract depend on the date it was entered into: older contracts generally remain governed by the rules in force at signing, unless overriding public policy provisions apply.
The current regime allows greater flexibility of terms for residential leases compared to the previous framework. Duration must be expressly agreed. Short-term leases may receive special treatment.
The agreement must specify the initial rent, the currency, and the periodic adjustment mechanism. Recent executive decrees expanded the permitted adjustment options and allowed agreements in foreign currency. The choice of mechanism is strategic and depends on the property profile and the parties involved.
A lease may include a property-backed guarantee, personal surety, security deposit, surety bond, or bank guarantee. Each option has advantages and disadvantages. We advise on the optimal combination.
The tenant pays rent and utilities; the landlord delivers and maintains the property. The allocation of expenses — property taxes, maintenance fees, repairs — must be clearly set out to avoid disputes.
Grounds for early termination, the final handover procedure, the property's condition at closing, and the return of security deposits. Poorly documented termination is a source of protracted litigation.
When a dispute reaches the courts, we act on both sides: defending the tenant (procedural defects, substantive defenses, retentive deposit, opposition to eviction) and representing the landlord (driving the process, enforcing guarantees, recovering possession).