Thursday, November 21, 2024

A Nightmare Eviction: Navigating Argentine Rental Laws and Family Drama

For those who didn’t read my previous post, my mother had some serious health issues back in September that seem to have impacted her mental health—specifically her behavior and reasoning skills.

Hypoxia, a condition where the brain doesn’t get enough oxygen, can significantly affect behavior and cognitive function. After my mom’s recent battle with pneumonia, I started noticing symptoms linked to this condition. Her emotional state has been unpredictable, swinging between irritability and anxiety, with moments of confusion and impulsive behavior. It’s clear how much hypoxia can mess with decision-making and self-control.

This all came to a head in early October when she decided to evict the tenants living in one of our properties.

Her reasoning was that more than two people were living there—she claimed there were five—which violated the rental agreement. Based on this, she felt eviction was justified. At first, I didn’t question her logic; she’s always been a rock when it comes to managing our properties. So, at her request, I sent a WhatsApp message to the tenants, letting them know we wouldn’t charge them rent for October and that we’d cover their overdue utility bills. However, I added that we expected them to vacate the property and hand over the keys by November 5th.

I didn’t hear back from the tenants, but I did get a WhatsApp message from the former realtor who used to manage our properties. The tenants had reached out to him since he was the one who originally handled their contract. Knowing I’m not Argentine, he patiently explained the legalities of evictions in Argentina. He told me the eviction wasn’t legal and warned me that attempting it would lead to a mediation and judicial process that could drag on for six months or more.

I forwarded his message to my mom, hoping it would help her see reason. Instead, she ignored it, refused to listen to the audio, and launched into a rant about how the realtor was garbage and had spent years stealing from us. For the record, there’s zero evidence to support that claim.

At this point, I realized something was very wrong—not just with how we were handling the eviction, but with my mom’s behavior in general. I started researching Argentine eviction laws and learned some eye-opening things.

First, Argentine law heavily favors renters. This was both surprising and stressful. For example:

  • Landlords can’t evict tenants without a court order. They must file a legal claim, provide a written notice explaining the reason for eviction, and give the tenant 30 days to address the issue. WhatsApp messages, as you might have guessed, don’t count as legal notice.
  • Mediation is mandatory before any court proceedings.
  • Even if the court approves the eviction, tenants are often given extra time to find a new place, especially if they can prove financial hardship—which our tenants claimed.

These rules are outlined in the National Civil and Commercial Code (Código Civil y Comercial de la Nación), which protects tenants and ensures fair processes for disputes.

I shared all of this with my mom, but she refused to listen. In fact, she lashed out and even threatened to evict my husband and me from our home if I didn’t support her. That’s when I decided to step back. I told the tenants I was removing myself from the eviction process because I didn’t agree with my mom’s decision. (No response from them, by the way.)

When I told my mom, she reluctantly agreed, but a week later, she insisted I act as a middleman between her and the tenants again. There was a lot of arguing—so much so that, in my anger, I had a fleeting thought that it might have been easier if she hadn’t survived her pneumonia. It was a horrible thought, but I was at my breaking point.

As the supposed eviction date approached, my mom changed her tune. She asked me to contact the tenants and request that they pay the rent. She felt everything would be fine as long as they paid on time and reduced the number of people living in the house to just two.

I reached out to the tenants again and didn’t hear back for about a week. Then, out of nowhere, they messaged me saying they had lost their phones (bullshit!) but were willing to pay the rent for October and November, as well as reimburse us for the utility bills we had covered. They just asked for an extension until November 27th.

My mom agreed, and honestly, I was relieved to have some resolution to this nightmare. If and when they follow through, I’ll add an update to this post. Fingers crossed!

P.S. On a lighter note, I still can’t find a turkey for Thanksgiving in the supermarkets here in Argentina. Looks like it’ll be chicken again this year.

Update - December 1, 2024: The tenants paid in full on November 28. 

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