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Free Guide to Hiring a Real Estate Lawyer
In Mar del Plata, as in the rest of Argentina, the core rules for residential and commercial leasing come from national law. The main framework is provided by the Civil and Commercial Code, which covers contracts of locación (lease), the rights and obligations of arrendadores (landlords) and locatarios (tenants), and remedies for breaches. Local practice in Mar del Plata follows these national standards and applies them within the Buenos Aires Province judicial system.
Leases in this region typically involve written contracts, clear rent terms, a security deposit, agreed maintenance responsibilities, and conditions for renewal or termination. Because tenancy matters frequently intersect with housing policy and consumer rights, you may encounter regulatory updates that affect deposits, rent updates, and notice periods. A local attorney can help interpret how national rules apply to your specific property in Mar del Plata.
You may need specialized legal assistance to navigate tenancy issues that arise in Mar del Plata. Specific, concrete scenarios that commonly require counsel include the following:
In addition, Mar del Plata's seasonal rental market adds complexity when leases involve short-term tourist occupancy versus long-term housing. A lawyer can help distinguish between those arrangements and ensure relevant rules are applied correctly to avoid misclassification or liability.
Argentina relies on national statutes to govern landlord-tenant relationships, with particular attention to locación contracts, deposit practices, and rent adjustments. The following laws are central to understanding tenancy in Mar del Plata:
The Civil and Commercial Code provides the foundational framework for locación contracts, defining terms, duties, and remedies for both landlords and tenants. It remains the guiding source for the structure of lease agreements, notice requirements, and eviction procedures under prevailing Argentine law. This code is the baseline for how contracts are interpreted in Mar del Plata's courts.
Key reference: Código Civil y Comercial de la Nación - gov.ar normative portal referenced for locación provisions. https://www.argentina.gob.ar/normativa/nacional/codigo-civil-y-comercial
This law established the framework for urban housing leases, including typical terms, deposits, and general procedures for disputes in residential locaciones. It has shaped expectations for contract duration, renewal, and landlord-tenant obligations within Argentina. Note that the CCyC and subsequent reforms complement and refine these rules in practice.
Official reference: Ley de Locaciones Urbanas de Vivienda N° 23.091 - gov.ar normative portal. https://www.argentina.gob.ar/normativa/nacional/ley-23091
Law 27.551 governs residential leases and introduces changes to rent updates, term length, and tenant protections. Since its enactment, the law has shaped how landlords set rent, how tenants renew contracts, and what remedies exist for breach. It is essential for both sides to understand how updates and renewal terms work in Mar del Plata.
Official reference: Ley 27.551 de Alquileres - gov.ar normative portal. https://www.argentina.gob.ar/normativa/nacional/ley-27551-para-el-alquiler-de-las-viviendas
Recent changes and regulatory clarifications have been issued in the years since 2020 to improve transparency, predictability, and access to remedies for both landlords and tenants. When dealing with Mar del Plata properties, counsel can help you interpret how these statutes apply to specific lease terms, deposits, and rent update mechanisms. For authoritative text and updates, refer to the national normative portals cited above.
A locación is a lease agreement for a property. The two main parties are the arrendador (landlord) and the locatario (tenant). The contract outlines rents, terms, deposits, and obligations for upkeep.
Start by consulting a lawyer to prepare the eviction petition and ensuring proper notice. File with the provincial court that handles tenancy disputes and follow prescribed timelines.
Deposits commonly equal one month's rent and may be held to cover damages beyond ordinary wear. The exact amount is stated in the lease and governed by national rules.
While not mandatory, a lawyer can help identify unclear terms, verify compliance with Ley 27.551, and prevent later disputes about deposits or upkeep obligations.
The law provides guidance on lease duration and renewal terms. A lawyer can confirm the current minimum term for your specific contract in Mar del Plata.
Rent updates are governed by an official index determined by law and its regulations. Your contract should specify the index and update frequency to avoid disputes.
Resolution times vary by court workload and case complexity. A lawyer can provide a local timeline and help manage expectations for hearings or settlements.
Written leases are strongly advised and typically required for enforceability. They help document rent, deposits, term, and maintenance responsibilities clearly.
Even for renewals, legal review can prevent misinterpretation of updated terms, rent adjustments, or changes in obligations upon renewal.
Some landlords require a guarantor or financial guarantee; a lawyer can negotiate alternatives or explain acceptable forms of security under current rules.
Arrendador refers to the landlord who owns the property, while locatario means the tenant who rents it. Their rights and duties are defined by the lease and the law.
Subletting often requires the landlord's consent and must comply with the lease terms and local regulations. A lawyer can review sublease options and potential risks.
Report to the appropriate provincial authorities or the Defensoría del Pueblo and seek legal remedies through the courts. A lawyer can guide you through the complaint process.
Useful official resources can help you understand your rights and obligations under landlord-tenant law in Argentina and Mar del Plata:
