Last updated: June 2026
In brief
If you are about to sign, renew or renegotiate a lease in 2026, the first thing to know is this: there is no new tenancy statute this year. What governs is the regime created by Emergency Decree (DNU) 70/2023 —in force since 30 December 2023— and consolidated by Congress through the Ley Bases (Law 27,742). What is «new» in 2026 lies in how the courts have been interpreting that framework and in the coexistence of several types of contract at the same time.
In plain terms: the former Tenancy Act was repealed and the regime returned to one of freedom of contract. Today, within certain limits, the parties agree on almost everything. This affords greater flexibility, but it also demands that the lease be read far more carefully than before.
1. The mandatory minimum term is gone
The compulsory three-year floor no longer exists. The parties set the term under the Civil and Commercial Code: two years for permanent housing, and local usage and custom for temporary lettings. For commercial leases (shops, offices, warehouses) no minimum term is imposed at all —a key point for businesses that need tailor-made contracts.
2. Freedom to choose currency and indexation
The mandatory adjustment index (the well-known ICL) has disappeared. The price may now be agreed in pesos, in dollars or in UVA units, and adjusted by any public or private index the parties agree upon (IPC, CER, ICL, among others), always expressed in the same currency as the contract.
Against a backdrop of falling inflation, a clear trend has emerged: many contracts have moved from monthly or quarterly adjustments to half-yearly or annual schemes, and even to terms set directly in dollars, especially in the commercial segment.
3. Breaking the contract early is cheaper
The tenant may terminate at any time by paying the equivalent of 10% of the rent still outstanding, calculated from the date of notice to the agreed end date. This is a far more tenant-friendly scheme than the previous system of one or two months’ compensation.
4. Greater freedom to agree grounds for termination
A general ground was added to the Code allowing the contract to be terminated for «any cause stipulated in the contract.» In practice, this widens the parties’ room to design their own conditions for extinguishing the lease —particularly useful in commercial tenancies with bespoke clauses.
5. The hot front: dollar leases and conversion into pesos
This is the most litigated issue. Case law has been upholding that certain contracts agreed in dollars may be discharged in pesos, and that such conversion may be adjusted by coefficients such as the CER. For anyone leasing —or letting— premises in hard currency, the way the payment clause is drafted makes all the difference in the event of a dispute.
6. Three regimes coexist at once
Perhaps the most important point to avoid mistakes: depending on when it was signed, a contract may be governed by different rules.
- Up to 17/10/2023: contracts under the Tenancy Act, with annual adjustment by the ICL.
- From 18/10 to 29/12/2023: half-yearly adjustment by the Casa Propia index.
- From 30/12/2023: the free regime of DNU 70/2023, consolidated by the Ley Bases.
In summary
2026 brings no new legislative reform, but rather the maturing of a far more flexible regime. The battleground has shifted from the text of the law to judicial interpretation —above all on currency and conversion into pesos— and to sound contract-drafting technique. Today, what you sign carries more weight than ever.
This article is for informational purposes only and does not constitute legal advice. For specific decisions, please consult our experts.