Rural Leases And Apparitions Extension Of The Law Of Rents - Full Text Of The Norm

Original Language Title: ARRENDAMIENTOS Y APARCERIAS RURALES PRORROGA DE VIGENCIA DE LEY DE ALQUILERES - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
PROGRESS WITH VARIAN MODIFICATIONS THE VIGENCE OF THE LAW LEY 14.288

Sanctioned: 30-9-1953

Promulgated: 7-10-1953

The Senate and Chamber of Deputies of the Argentine Nation, assembled in Congress, are strongly sanctioned by LEY: ARTICLE 1 . Prove, as soon as the following articles are not amended, the provisions of Act No. 13.581, with the additions of articles 1 and 2 of Act No. 13.936, Law No. 14.053 and Law No. 14.178, until 30 September 1954.

ARTICLE 2 Substitute the provisions of Act No. 13.581 mentioned below:

Article 8 of the following: In the event of the death or voluntary and definitive unemployment of the dwelling by its owner, the extension shall benefit the members of his family and persons legally in his or her position who habitually live with him, provided that they prove to have done so continuously and in accordance with the time and requirements established by the regulation.

In the case of property with another destination, the extension will benefit the legal successors, because of death the activity to which the locative unit is affected continues.

First paragraph of article 23, by the latter: the eviction of property owned by the State, entities that perform public and national functions and those of foreign States shall take place and are intended to serve as headquarters for their diplomatic representations. Professional associations of workers with trade union status (Decree 23,852/45, ratified by Act No. 12,921) are covered in the previous paragraph. In this case, the judges will require reports to the respective House of Rentals about the need and possibility of occupying the property in relation to the real interest of the parties.

Second paragraph of article 26 by the following: From the enactment of this law, when the term set forth in the contract or the term set forth in article 1,507 of the Civil Code is over, the owner may require the eviction to live in the estate with his family, provided that he or his spouse do not have any other housing in the same town, and that he or she may offer the tenant an evicted living area appropriate to their needs and possibilities. The judge will decide in case of opposition. The tenant shall enjoy a period of 90 days to evict, counting on the notification of the final sentence to be settled.

In cases where the actor has acquired his sole property prior to 1 July 1943, he shall be exempt from the obligation to offer the tenant or sub-inquiline room, provided that he requests the following requirements:

The occupant tenant or sub-tenant shall, within sixty days of the notice of the claim before the official institutions, apply for a credit consistent with their needs and possibilities, must comply with all the requirements and in the terms that the regulations require.

Official credit institutions shall accord preference within their respective regulations to this category of applicants.

Granted, the beneficiary will have a one-year period to vacate.

In cases where the defendant has not resorted to the credit or the above-mentioned terms are found to be expired, he proceeds to his eviction.

Article 28 by the following: The owner who wishes to build one or more housing units to expand the existing building, may request, in the event of opposition from his tenants, the intervention of the House of Rentals, in order to enable the respective works, which will decide whether the owners must submit to the owner's request.

Declared unjustified the opposition of the tenants, the House of Rentals will attempt to comply with its decision, and in case of refusal, it will order the execution of the provisions, to which end the police and community authorities will have to provide their assistance and cooperation.

It will be a necessary condition for the owner ' s request to proceed, that the contractual period or the period provided for in article 1,507 of the Civil Code be overcome.

Article 32 by the following: From the promulgation of this law, when the term set forth in the contract or the term set forth in article 1.507 of the Civil Code is overcome, the eviction shall also proceed when it is ascertained that the tenant or sub-inquiline has transferred the use of the locquered thing, exists or does not expressly prohibit the contract and whatever the destination to which the property was affected.

The following cases are exempted from this prohibition:

(a) When the transfer originates from reciprocal assignments;

(b) Where the transfer is made in cases of public utility or the need of the State;

(c) Cases provided for in article 26.

The assignment between the owners shall consist of the reciprocal transmission of the rights and obligations resulting from the respective location contracts, considering the mutual transfer in the conditions prescribed by article 1.598 of the Civil Code as a total price. In this case the permuta shall be formulated in writing, upon authorization of the respective Chamber of Rentals.

Determine as an obligation of the assignees, to occupy for at least 18 months in the assigned property, except for cases duly justified by the House. Offences to this provision or the existence of simulation by it or those responsible shall be punished as provided for in article 36, without prejudice to the private action that corresponds to the locator or sublocator to follow the eviction of the property.

Article 40 for the following: Issues that arise between locators and tenants, not covered by article 42, may be submitted by them to the House of Rentals of their jurisdiction.

Proceedings promoted before the Federal Capital Rental Chamber and those of the national territories shall be exempt from the performance seal.

Article 42 by the following: The chambers of rent shall have the following powers, without prejudice to the other provisions of this law:

(a) Solving emerging situations of special modalities of the location;

(b) Set up crazy values for new buildings, until 31 December 1953 and those transformed, in accordance with the regulation of this law;

(c) Fix crazy values of snatched or swept pieces;

(d) Establish the true nature of contracts brought to your knowledge, provided that there was no prior judicial dispute;

(e) Resolve in the event of opposition the installation of new elements that make the need or comfort of the tenant, provided that the building is not perjured and that the erogation runs exclusively from the owner;

(f) Keep the records necessary for the enforcement of this law.

ARTICLE 3 . The rights that this law agrees to the owners or sub-locators may only be invoked by those who have the use and occupation and by the owners to the extent of their legitimate interest.

In these cases, the sub-rents may replace the principal owner under the conditions prescribed in Article 9°.

ARTICLE 4 . For the purposes of this law and from 1 January 1954, the new buildings that are located will be exempt from the setting of crazy values.

ARTICLE 5° . Contact the executive branch.

Given in the Sala de Sesiones of the Argentine Congress, in Buenos Aires, on the thirtieth day of the month of September of the year a thousand nine hundred and fifty-three.

A. E. CORREA A. J. BENITEZ

Alberto H. Reales

Rafael V. González

Registered under No. 14.288 el