Is it illegal not to have tenancy agreement?

How to evict a tenant without a contract

On many occasions, our clients call us asking about their rights as tenants in a rented property. From Legálitas we always remind them and insist on the importance of having a rental contract signed in which the rights and duties of both the landlord and the tenant are reflected.

Many landlords think that when renting their properties, the person who lives in their house, in spite of paying month to month rent, if he/she does not have a written rental contract, he/she has no rights as a tenant. This is totally erroneous since a lease contract exists from the moment that two or more people agree to cede a property, whether it is a house, premises, etc., and pay rent for it.

Not having signed a contract between the tenant and the owner, several problems may arise, such as the accreditation of the possible agreements that have been reached, since it will be the word of one against the other, since it has not been expressed in written form.

What happens if you do not have a lease?

Renting a house without signing a lease is a risk for both landlords and tenants. According to article 2046 of the Federal Civil Code, a lease must be in writing or else the landlord will be held liable for the default.

When is a rental agreement not valid?

If two consecutive 3-month contracts are signed, they are valid for three years. Contracts for terms of 6 months, one year, or 2 years for housing purposes are valid for 3 years. Whenever the rental contract is for housing purposes, it must have a MINIMUM term of 3 years.

How to evict a tenant who does not pay and does not have a contract?

Speaking judicially or by legal means; we can go to a judge for an order and ask for the recovery of the property, he will give you the support of the public force and you may have the right to possession for breach of contract. This action leaves a legal mark on the tenant.

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How to evict a tenant without a contract in argentina 2020

Surely, most people have been involved in a situation in which they are going to rent an apartment without having a written rental contract. If this is your case or is going to be your case in the future, it is important that you know what it may imply. Tenants, in many occasions, wonder if they can be kicked out when living in a rented apartment without a contract. For this reason, we have written this post so that you know everything that living in an apartment without a document regulating the rent implies.

If instead of having a written agreement you have a verbal one, and therefore you have a rental without a contract, the rules for leaving or terminating a contract may vary. Although the current legislation (Ley de Arrendamientos Urbanos) must be applied in the same way, sometimes it is not possible to prove who is right in certain aspects.

Therefore, in order to terminate the lease, you must prove that you are living in this apartment and since when. If you cannot prove this, the tenant can leave the apartment whenever he/she wants. The landlord may ask for the rent for at least the first six months. However, this is a long and costly process in which real proof is needed that there has been an actual tenancy. On the other hand, if it can be proved that there is a verbal rental agreement, the resolutions will take place according to the current regulations and the tenant will be able to leave the apartment once the six months have passed, as long as he/she gives 30 days notice.

How to prove rent without a contract?

If the tenant needs to prove that he is occupying the property legally, even if he does not have a contract, he must first prove that he pays the rent. This will be easy if the tenant makes transfers or deposits into the landlord’s account, or even if the tenant pays in cash and the landlord issues the corresponding receipt.

Who pays the 2021 lease?

It depends on what is established by the owner of the property and the tenant. It is a fee established by them in an internal contract. The most common thing is that it is the landlord who is in charge of them. Although it is perfectly legal that the landlord wants to charge these expenses to the tenant.

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What does the new rental law 2021 say?

This law establishes a minimum term of 3 years for the lease of real estate, regardless of its purpose (residential or commercial); if the parties establish a term shorter than this, it is considered to have been entered into for the minimum legal term of 3 years.

Tenant without a contract does not pay

In this day and age, many landlords prefer not to declare the rental of a property to the tax authorities. Although a verbal contract is totally valid, there will always be more problems in case of conflict. The tenant or landlord who has the most evidence to prove the truth will be the one who comes out on top? Something that will not always be easy to prove if you are not forewarned before starting with the rental. There is a lot of ignorance about how to act in these cases.

The conditions of leaving before the apartment would be the same as if it were a written contract. If the tenant wants to leave earlier, he/she must do so after a minimum of six months from the beginning and provided that he/she informs the landlord 30 days in advance, without any compensation if it has not been expressly agreed.

It is the landlord’s obligation to ensure that the dwelling is in a good state of habitability. What happens if he does not do so? Even if there is no written contract, the tenant is not unprotected. Before claiming anything, it should be determined whether the repairs would be necessary for good habitability or whether they should be paid for by the landlord. In that case, legal proceedings can be initiated to force him to do so, provided that the corresponding evidence is available, or the lease can be terminated without penalty. “The landlord is not obliged if the deterioration is the tenant’s responsibility”, Criterios Abogados reminds us.

How long does it take to evict a non-paying tenant?

Although it depends on many factors, in most cases an eviction process for non-payment of rent usually takes at least six months from the time the eviction request is filed until the landlord recovers his property.

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How can I register if I do not have a rental contract?

Photocopy and original of the rental contract or the authorization signed by the owner of the house where you are staying. If this is the case, it must be included in the form in order to register at your address. Likewise, the owner of the property will have to renew his or her registration to include you.

Who pays for the lease of a house?

The important thing is to determine if it is a usual expense, it is paid by the lessee, or if it is an unusual or extraordinary expense, it is paid by the lessor.

Rent without a contract complaint

One of the main risks involved in renting without a contract is the repossession of the property in the event of non-payment by the tenant, nuisance to neighbors or for any other reason.

Without a contract, it is difficult to determine when the rental began, and this date is important for the purposes of calculating time limits. Thus, it is important to know the date of commencement of the tenancy in order to articulate an eviction or to terminate the minimum duration of the tenancy.

Undoubtedly, the consequences and risks involved in renting without a contract are not worth it, especially for the landlord, who may be penalized and find it difficult to recover the property. That is why it is best to formalize the rental through a lease contract.