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How to get a rental guarantee: the options with the new law, costs and risks

2021-09-07T09:40:58.544Z


Without a relative or friend who can act as guarantor, surety insurance, surety bonds and other solutions are used. What to keep in mind.


Martin Grosz

09/07/2021 6:01 AM

  • Clarín.com

  • Services

Updated 09/07/2021 6:01 AM

With the simple

commitment

of payment of the tenants it is not enough.

When signing a contract, the owners ask for

concrete guarantees

that they will be able to collect the money committed beyond any unforeseen event.

And that puts those who need to rent in a difficult and

expensive dilemma

: what to offer?

The traditionally preferred option for owners is for a

relative or friend

of the tenant to sign as

guarantor

, backing up their promise to fulfill the contract - whatever happens - with

a property

that is not a "family property."

But many times the tenants

do not have a close friend

 who can or wants to make that commitment, or they prefer not to ask a loved one for such a favor.

So how can they get a rental guarantee?

What alternatives exist, how do they work, and what are their current

costs

and

risks

The warranty options supported by the new law

The Rentals Law 27,551, in force for contracts signed as of July 2020, established that tenants can offer

various types of guarantees

, as alternatives to the classic homeowner guarantee.

These include:

1) Surety insurance

.

It is paid so that an insurance company regulated by the Superintendency of Insurance of the Nation is in charge of paying the owner the rent, expenses and other expenses, in the event that the tenant stops doing so.

A

policy

is issued

  that is liable to the owner for defaults up to a certain amount.

2) Bail guarantee

.

A

private company

is paid to

 agree to be a "

surety

" and thus be obliged to respond to the landlord, if the tenant does not pay.

These firms guarantee the owner that they will be able to continue collecting everything agreed until the home is recovered.

3) Bank guarantee

.

Here it is a

bank

 that guarantees the payment of the commitments to the owner.

And for that, the entity imposes some costs and requirements on the tenant, such as 

keeping a

certain amount

deposited

in an account until the end of the contract.

4) Personal guarantee

.

In this case, the tenant (s) offer

their own income

as a guarantee

, documented through pay stubs or other certificates.

The agreed guarantee is detailed in the rental contract.

Photo: Archive.

From law to routine practice

The Rent Law says that the tenant, when asked to offer a guarantee, must propose

at least two

 of the options.

And that the owner "

must accept one

".

The norm also established that the owners cannot

require

the presentation of guarantees that exceed the equivalent of

five months

of rent, except in the case of the personal guarantee, where the limit is 

ten months

.

These obligations, in any case, result in the facts

impossible to apply

because the owner, if he does not approve the guarantees offered, can decide with any excuse not to sign and rent his home to another person, according to sources in the sector.

In everyday practice, most commonly used alternatives are the

surety

and

bonds

, whose supply grew considerably in recent years as well as the ease of hiring them

.

These are guarantees that today can be

processed 100% online

and sometimes have been approved in less than

24 hours

, as long as the tenant complies with the

multiple checks

 that companies implement to ensure that they are in front of trustworthy and solvent people.

The higher the rental value, the more expensive it will be to contract a guarantee.

Photo: Andrés D'Elía.

Surety insurance: options, requirements and costs

Surety insurance is offered directly by some

insurers

(such as San Cristóbal and Iúnigo).

They are also marketed by

property search

sites

(such as Argenprop and Zonaprop), by banks (such as Provincia, Nación and Supervielle) and by specialized brokers (such as Caución Hoy).

Companies usually do a

 quick

online pre-

approval that already serves to present to the real estate and move forward with the operation.

What they generally ask to

present

is:

  • A photo of

    the tenant's

    DNI

    , front and back.

  • Certificates of

    income

    (such as the last pay stubs or having retirement, or the proof of Monotributo).

  • The characteristics of the

    contract

    to be signed: mainly, the

    duration

    and the

    monthly value

     of the rent

  • The monthly cost of

    services

    (electricity, gas, water) and, in the case of an apartment, the

    expenses

    .

With all this, the companies will check, among other issues, that the tenant does not have a

bad

financial

record

.

Many companies define that the rent cannot be

more than 40%

of the income shown.

And if it were, they will ask to add the income of a relative or friend, who will remain as a

guarantor

before the insurer.


How much do these coverages cost?

A range of between

1.5 and 2 months

 of rent

is taken as a reference

.

Many times they offer to pay it with a credit card in

3, 6 or 12 installments

.

You can take as an example the rent of a

two rooms

, which today in Capital already exceeds $ 40 thousand per month.

With that amount and expenses of

$ 6,000

per month, surveyed companies offer surety insurance for between 

$ 65,000 and $ 70,000

.

On the sites that offer surety insurance you can easily calculate the cost by entering the key data.

Image: Capture.

Surety bonds: options, requirements and costs


In the case of bonds, the conditions can vary a lot depending on the chosen company and are close to or above

2 months of rent

, with discounts of 10% or 15% for those who pay in cash.

In the Hoggax firm, for example, for a rent of $ 40,000 per month with expenses of $ 6,000, the simulator shows a cost of

$ 80,730

for the guarantee if it is paid by transfer, or of

$ 89,700

paying with a card in

3 installments without interest

.

"A reference value could be

4% of the contract

, but the price

drops proportionally

as the rental value increases. Other variables to consider are the expenses and services covered, the term, the currency and if the contract is commercial or for housing ", explained to

Clarín

Pablo González, CEO of Hoggax.

The documentation required is practically the same as for surety insurance: DNI and certificates of employment status and income.

"All the documentation and the granting is done

entirely online

", highlighted González.

When the tenant does not have enough income to qualify, they ask a relative or friend with demonstrable income to also provide the same documentation and sign the contract as "

co-guarantor

."

The option of paying the guarantee in one payment is always the cheapest, but they also offer to do it in installments.

Image: Capture.

In GarantiaYa, another company in the field, explained to

Clarín

that the cost of the service is "

approximately two rentals

", although sometimes they offer special discounts.

"We offer

interest-free installments

, in some cases up to 24, and many facilities. The spirit is to help those who do not have a proprietary guarantee, that is why we attend each case in a personalized way and in the qualification we weigh not only economic issues, but also others. , like the students, "said Gustavo Daniszewski, the company's CEO.

Another option is Premium Group, which works with more than 3,000 real estate companies and promises to respond to requests within 24 hours.

In Finaer, on the other hand, to give a surety, they ask the tenant and the "co-applicants" to prove income for a sum that is

triple the value

of the first rental plus expenses.

The online simulator of that company, for a rent of $ 40,000 a month for 3 years with expenses of $ 6,000, shows a guarantee cost of 

$ 84,456

if paid in cash, of 

$ 99,360

 in

6 installments

or of $ 119,232 in 12 dues.

On the websites of the surety companies you can calculate the cost of the guarantee and compare payment options.

Image: Capture.

And if I can't pay, what are the risks and what to do?

With surety insurance or surety bond, the issue is complicated if the tenant, for some reason,

cannot continue to pay

the rent in a timely manner. Faced with something like this, the

owner will

not be affected, since it will be enough for him to notify the company about the situation for it to give him

the money

very

quickly

.

The problem is that then the firm that provided the guarantee will turn around and go to

claim the tenant

 - and then their

co-guarantors

- for the money, plus

penalty

interest

, expenses, fees and other costs that greatly increase the amount owed and can become a "

snowball

", as explained to

Clarín

in the Ombudsman's Office of the City of Buenos Aires.

Andrés Bernal, lawyer for the agency's Tenant Attention Program, commented: "The guarantees for bank guarantee, for surety insurance and for guarantor have

pending a regulation

 so that it is well determined what can and cannot be demanded from the tenant at the beginning, and how they should act on a notice of non-compliance. "

Some points of the new Rent Law have not yet been regulated.

Photo: Andrés D'Elía.

The Ombudsman reports that there are 

recurring conflicts

with these companies when non-payment is caused by a

disagreement

between the renter and the owner.

For example, if moisture appeared in a closet, they disagreed on the urgency of the fix, the tenant fixed it on their own,

discounted the cost

the following month, and the landlord interpreted that this was in breach of the contract.

Another typical example is when the parties

do not agree

on who is responsible for paying a certain part of the expenses, and the owner notifies the guarantee company that he

received a partial payment

.

"It happens often that in those cases the company

rushes to pay

the owner what he wants without even contacting the tenant beforehand, who really 

had the right to withhold

part of the payment. And then they

demand a refund

with the penalties, expenses , fees and others, "said Bernal.

In situations like these, or given the impossibility of continuing to pay the rent due to lack of money, the main advice of the experts is that the tenant

seek legal advice

 to be able to

negotiate with the companies

how to deal with that debt, without falling into very disadvantageous agreements or directly abusive.

The Ombudsman's Office of the City provides advice to tenants on this and other issues through the line (011) 4338-4900, WhatsApp 11-2392-1644 and the email atencioninquilinos@defensoria.org.ar.


MG

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Source: clarin

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