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Coverage

Rental deposit

Argentina — depósito de garantía (CCyC art. 1196; Ley 27.551; DNU 70/2023)

NationalARRead off primary law

Argentina

Rule id
deposit.ar
Version
1.0.0
In force from
July 1, 2020
Last read against its sources
August 5, 2026
Countries bound
Argentina

In plain language

What this regime says.

Argentina has had three deposit regimes in a decade and the one that binds you is the one in force when your contract was signed. Contracts from 1 July 2020 to 29 December 2023 are governed by Ley 27.551: one month’s deposit, returned at the value of one month’s rent at the time the property is handed back. DNU 70/2023 deregulated the deposit for contracts signed from 30 December 2023.

Who is covered

Tenants of residential property in Argentina.

What you get

The deposit back, plus — for a contract governed by Ley 27.551 — the difference between the nominal sum paid and one month of the rent as it stood when you left.

Where claims go wrong

  • Accepting the nominal peso figure back. Under Ley 27.551 that is not what the law says you are owed.
  • Assuming DNU 70/2023 killed the revaluation for everyone. It did not reach contracts already signed.
  • Not knowing your own contract date, which is the single fact that decides the whole question.
  • Letting the five-year prescription period run while negotiating.

Authority

Every citation,
with its pinpoint.

A claim that cites “EU law” gets filed. A claim that cites Article 7(1)(c) gets answered. These are the exact coordinates this entry rests on.
  1. Código Civil y Comercial, art. 1196Código Civil y Comercial de la Nación (Ley 26.994)URL verified 2026-08-05art. 1196 (locación habitacional — depósito de garantía)
  2. Ley 27.551, art. 14Ley 27.551 de Alquileres (B.O. 30/06/2020)art. 14, sustituyendo el art. 1196 CCyC — depósito de un mes y devolución "al valor del precio de un mes de alquiler al momento de la restitución del inmueble"
  3. DNU 70/2023, capítulo de locacionesDecreto de Necesidad y Urgencia 70/2023 — Bases para la Reconstrucción de la Economía Argentina (B.O. 21/12/2023, vigente desde el 29/12/2023)derogación de la Ley 27.551 y sustitución del art. 1196 CCyC (libertad de pacto)
  4. Código Civil y Comercial, art. 2560Código Civil y Comercial de la Nación (Ley 26.994)URL verified 2026-08-05art. 2560 (plazo genérico de prescripción: cinco años)

Sources

Where a figure is indexed, converted or published by a regulator rather than fixed in the instrument, the provenance is recorded separately. Anything marked as a modelled estimate is exactly that — a model, not a statutory number.

What it imposes

Clocks, defences and the ladder.

A rule module builds these while it evaluates, because a limitation period depends on which forum is open to you. What follows is the structure this regime produces — deliberately with no dates and no figures, because those belong to your facts rather than to the law.

The clocks it starts

  • Five-year generic limitation period (CCyC art. 2560)Fatal if missedArticle 2560 sets a generic prescription period of five years where no other period is fixed. We have measured it from the end of your tenancy, which is when the obligation to return the deposit fell due. Interruption and suspension rules exist; do not rely on being close to the line.Código Civil y Comercial, art. 2560 — art. 2560 (plazo genérico de prescripción: cinco años)Limitation period

What it entitles you to, beyond money

  • An itemised, evidenced account of every retentionAsk for quotations, invoices and dated photographs measured against the inventory at the start. A round retention with no breakdown is not a justified one.

What the other side will say

Each of these is a refusal this regime lets a counterparty attempt, paired with the answer to it. Reading them before you write is worth more than any amount of polish on the letter itself.

"We are giving you back exactly what you gave us"

high likelihood

The landlord returns the nominal number of pesos deposited at the start of the tenancy and treats the matter as closed.

What answers it

If the contract was signed between 1 July 2020 and 29 December 2023, Ley 27.551 requires the deposit to be returned at the value of one month’s rent at the moment of restitution, not at the nominal figure. Quote the article and the rent in your final month. The landlord will usually not know the rule exists.

Ley 27.551, art. 14 — art. 14, sustituyendo el art. 1196 CCyC — depósito de un mes y devolución "al valor del precio de un mes de alquiler al momento de la restitución del inmueble"

"The DNU repealed all that"

high likelihood

The landlord says DNU 70/2023 swept away Ley 27.551 and therefore the revaluation rule does not apply to anyone.

What answers it

The DNU applies to contracts celebrated from 30 December 2023. A contract signed before that date continues to be governed by the law in force when it was signed, until it ends. Ask which regime they say applies and produce the first page of the contract with the date on it.

DNU 70/2023, capítulo de locaciones — derogación de la Ley 27.551 y sustitución del art. 1196 CCyC (libertad de pacto)

"We are still working out the costs"

high likelihood

The landlord holds the whole deposit indefinitely while quotes, invoices or utility bills are said to be pending.

What answers it

The statutory return period exists precisely so the landlord can obtain quotes and final bills inside it. It does not restart because they left it late, and it does not licence holding the whole deposit against one unquantified item. Ask them to return everything not genuinely in issue now, and to quantify the rest by a stated date.

"The property needed cleaning and redecorating"

high likelihood

The landlord charges for cleaning, carpet wear, scuffed paint or tired fittings and treats the deposit as a refurbishment fund.

What answers it

Fair wear and tear from ordinary use is not a recoverable loss in any of the regimes this product covers — a deduction must reflect damage or a breach beyond ordinary use, must be evidenced, and must be reduced for the age and remaining life of the item. Ask for the invoice, the check-in and check-out evidence, and the calculation.

"Prove you did not cause it"

high likelihood

The landlord asserts damage and expects the tenant to disprove it, often without a check-in inventory.

What answers it

It is the party seeking to keep the money who must justify keeping it. Where there is no dated check-in record to compare against, an adjudicator has nothing to measure the alleged damage from, and the deduction generally fails on that ground alone.

Where to take it next

  1. Carta documento to the landlord or inmobiliariaA carta documento through Correo Argentino is the standard Argentine way to put a landlord on formal notice, it is inexpensive, and it produces a dated record a judge will accept. Set out the deposit, the date of the contract, the rent in the final month, and the sum you claim.Claim directtypically 10 days
  2. Mediación prejudicial obligatoriaMediation before suing is compulsory in the Ciudad Autónoma de Buenos Aires and in most provinces. Check the rules for your jurisdiction — going straight to court where mediation is required simply sends you back.Alternative dispute resolutiontypically 60 days
  3. Juzgado Nacional en lo Civil or the provincial civil courtBinding on themDeposit claims are ordinary civil claims. Many jurisdictions have a small-sum procedure; ask the court or a Defensoría about it before instructing anyone.Courttypically 300 days

Documents

What this regime can produce.

Every one of these is a document you send yourself, in your own name. Duesday never writes to anybody on your behalf and is never anyone’s agent.

The same claim type elsewhere

Albania — rental deposit (Kodi Civil (Civil Code), qiraja)ALNationalAlbaniaKodi Civil (Civil Code), qirajaConfidence: lowAustria — rental deposit (Allgemeines Bürgerliches Gesetzbuch (ABGB) § 16b, and the Mietrechtsgesetz (MRG))ATNationalAustriaAllgemeines Bürgerliches Gesetzbuch (ABGB) § 16b, and the Mietrechtsgesetz (MRG)Confidence: lowBelgium — rental deposit (Regional housing codes: Vlaams Woninghuurdecreet, Décret wallon relatif au bail d’habitation, Code bruxellois du Logement)BENationalBelgiumRegional housing codes: Vlaams Woninghuurdecreet, Décret wallon relatif au bail d’habitation, Code bruxellois du LogementConfidence: lowBosnia and Herzegovina — rental deposit (The law of obligations of the relevant entity (Federation of Bosnia and Herzegovina or Republika Srpska) and the applicable housing legislation)BANationalBosnia & HerzegovinaThe law of obligations of the relevant entity (Federation of Bosnia and Herzegovina or Republika Srpska) and the applicable housing legislationConfidence: lowBulgaria — rental deposit (Закон за задълженията и договорите (Obligations and Contracts Act), наем)BGNationalBulgariaЗакон за задълженията и договорите (Obligations and Contracts Act), наемConfidence: lowCroatia — rental deposit (Zakon o najmu stanova and the Zakon o obveznim odnosima)HRNationalCroatiaZakon o najmu stanova and the Zakon o obveznim odnosimaConfidence: lowCyprus — rental deposit (Rent Control Law of 1983 (23/1983) for controlled tenancies, and the general law of contract)CYNationalCyprusRent Control Law of 1983 (23/1983) for controlled tenancies, and the general law of contractConfidence: lowCzechia — jistota / kauce (Občanský zákoník § 2254)CZNationalCzechiaObčanský zákoník (89/2012 Sb.), § 2254Confidence: high

Other rights in the same countries

Does this one reach your facts?

The engine runs every regime that could apply at once and reconciles them, rather than making you guess which page to read.

Not a law firm. Not legal advice. You send it yourself. This page describes a law; it is not advice about your situation and no outcome is promised.