How do rental contracts work in Argentina now?

Last verified: 27 Oct 2026 · Status: Changing

Short answer. Since DNU 70/2023 repealed the Leases Law 27.551, the parties freely agree the term, currency (pesos or US dollars), index, deposit and guarantees under the Civil and Commercial Code (arts. 1187 onward). If no term is set, homes default to two years and other uses to three. Tenants may leave at any time by paying 10% of the remaining rent.

As of 26 Oct 2026. Rules in force at that date.

Key rules

The old law is gone. DNU 70/2023, art. 249, repealed Law 27.551 (BO 21 December 2023). A DNU stays in force unless both chambers of Congress reject it (Law 26.122, arts. 22 and 24). Infoleg lists no rejection resolution for DNU 70/2023 (checked 26 October 2026) (unconfirmed).
Contract first. Code rules apply only where the contract is silent, unless a rule is "expressly mandatory" (CCyC art. 958, DNU text). The lease must be in writing (art. 1188).
Term. Whatever the parties set. If silent: local custom for temporary lets, two years for permanent housing, three years for other uses (art. 1198). Maximum 20 years for housing, 50 for other uses (art. 1197).
Currency. Pesos or foreign currency, at the parties' choice; the tenant cannot insist on paying in another currency (art. 1199; arts. 765 and 766).
Indexation. Any public or private index in the rent's currency (art. 1199). The ICL is no longer compulsory, but the BCRA still publishes it (Table XIV-15).
Deposit and payment period. Free amount and currency; payments no less often than monthly (art. 1196).
Early exit. The tenant may terminate "at any time" by paying 10% of future rent from notice to the agreed end (art. 1221).
Guarantees. A personal guarantor, including the common garantía propietaria (a guarantor who owns real estate), is a fianza: in writing (art. 1579), released automatically at the end of the term, and needs to consent expressly to any renewal (art. 1225). The Code has no specific article on garantía propietaria. Surety insurance (seguro de caución) follows the policy; SSN Res. 376/2020 conditions cover rent only at its original nominal amount, excluding indexation (Annex art. 5) (unconfirmed).
Termination by landlord. After two consecutive unpaid periods (art. 1219(c)) or any cause set in the contract (art. 1219(d)). For homes, a payment demand of at least 10 calendar days comes first (art. 1222).

What changes the answer

Province. Stamp tax, broker rules and eviction procedure are local.
Use. Commercial leases default to three years and may bear 21% VAT; exclusive housing is VAT exempt (VAT Law art. 7(h)(22)).
Contracts signed before late December 2023. New default rules do not reach contracts in course of performance (CCyC art. 7); the Law 27.551 terms may still govern old disputes.
Tax incentives. Personal assets and bank tax exemptions for rented homes need RELI registration (RG 5545/2024, art. 1).

Worked examples

A two year housing lease of a CABA flat starting 1 November 2026. Option A: US$800 a month, fixed. Option B: ARS 1,251,120 a month (US$800 at MEP), adjusted quarterly by the ICL. Assumption, not a forecast: the ICL keeps rising at its pace of the year to 1 October 2026 (27.75 to 36.54, +31.7%, BCRA), so 7.13% a quarter. Deposit: one month, assumed. Pesos convert at dólar MEP ARS 1,563.90 per US$ on 23 Oct 2026, rate supplied by some secondary summaries (unconfirmed), see /data/mep/.

Step or item	Time	Cost ARS	Cost USD
A: deposit (returned in US$)	Signing	1,251,120	800.00
A: rent, months 1 to 12	Year 1	15,013,440	9,600.00
A: rent, months 13 to 24	Year 2	15,013,440	9,600.00
A: total rent	24 months	30,026,880	19,200.00
B: deposit	Signing	1,251,120	800.00
B: rent, months 1 to 12	Year 1	16,695,917.64	10,675.82
B: rent, months 13 to 24	Year 2	21,988,523.53	14,060.06
B: total rent	24 months	38,684,441.16	24,735.88
RELI registration, optional	15 days	0	0

Step 1. Option B quarterly rents: 1,251,120; 1,340,279.61; 1,435,793.07; 1,538,113.20; then 1,647,725.04; 1,765,148.25; 1,890,939.48; 2,025,695.08. Each covers three months.

Step 2. Option B, year 1: 3 x (sum of first four) = ARS 16,695,917.64. Year 2: ARS 21,988,523.53.

Step 3. Read the USD column carefully. It converts all future pesos at today's rate. If the peso also loses about 31.7% a year against the dollar, Option B costs roughly what Option A costs in dollars. Option A puts the currency risk on the tenant; Option B puts it on the landlord.

Step 4. Early exit at end of month 12 (art. 1221). A: 10% x 12 x 800 = US$960 (ARS 1,501,344). B, on the current rent: 10% x 12 x 1,538,113.20 = ARS 1,845,735.83 (US$1,180.21); on projected future rents: 10% x 21,988,523.53 = ARS 2,198,852.35 (US$1,406.01). The article does not say which base applies to indexed rent (unconfirmed).

Cost to do it: no national filing fee; RELI registration free within 15 calendar days (AFIP RG 5545/2024, arts. 1, 3); capital tied up, one month's deposit; time, one to three weeks. Stamp tax, broker commission and guarantee premiums.

Practical traps

Indexing pesos. Art. 1199 disapplies only art. 10 of Law 23.928; art. 7, which bars indexation of peso debts "in no case", was not mentioned. Indexed peso leases are widely signed, but a tenant challenge is possible (unconfirmed).
Waiving the 10% exit. Art. 1221 is not labelled mandatory, so contracts often change it. Whether a housing tenant can be bound is contested (unconfirmed).
Renewing without the guarantor. An extension without the guarantor's express consent leaves the landlord unsecured (art. 1225). Surety insurance under Res. 376/2020 conditions ignores indexation.

FAQ

Is there a minimum lease term? No. The parties set it; two or three year defaults apply only if the contract is silent (art. 1198).

Can rent be paid in dollars? Yes, and the tenant can be held to pay in dollars (arts. 765, 1199).

Is the ICL mandatory? No. Any index in the rent's currency is valid (art. 1199).

Who pays building expenses and ABL? As printed by Infoleg, art. 1209 (Law 27.551 wording) puts property taxes and extraordinary expenses on the owner. Whether that text survived the repeal is contested (unconfirmed).

Must the lease be registered with ARCA? Not as a general duty since RG 5545/2024 abrogated RG 4933/2021 (art. 9); only to obtain tax incentives.

Published 27 Oct 2026 from our research draft. Points marked (unconfirmed) have not yet been checked against the official text; rely on the primary sources linked below.