When a tenant fails to pay, refuses to vacate upon expiration of the lease, or when a person occupies someone else's property without any legal title, the owner has the right to obtain an eviction order. Argentine law provides a specific procedure — regulated by the National Civil and Commercial Procedural Code (Arts. 676 et seq.) and provincial procedural codes — which, when handled properly, allows possession to be recovered within reasonable timeframes.
The success and speed of eviction depend on three variables: the type of cause (non-payment, lease expiration, intrusion, precarious license), the documentation of the claimant's title, and the procedural strategy. We represent property owners in CABA and the Province, with experience in both national courts and the Buenos Aires provincial judiciary.
Applies when the tenant fails to pay two or more consecutive rental periods. The procedure requires prior notice (generally 10 days) and, absent payment within that period, a lawsuit may be filed.
When the lease has expired and the tenant refuses to vacate, eviction is available. Prior notice is required to enable the judicial claim.
Applies against anyone who occupies the property without any legal title. This is a special, generally expedited route provided by Art. 680 bis CPCCN. Applicable to recent occupations and to occupancies that never had a lawful basis.
When someone occupies a property with the owner's permission (loan for use) and that permission is revocable. Once revoked, the occupant must vacate the property.
Unauthorized modifications, damage to the property, prohibited uses, unauthorized subletting. The cause must be evidenced in writing.
When the occupant seriously and repeatedly harms other co-owners (Law 13.512 and Arts. 2073 et seq. CCyCN), the HOA may file a lawsuit.
Alongside the eviction, claims can be made for unpaid rent, interest, costs, and any damages to the property. When guarantees exist (guarantors, surety bonds), these can be enforced simultaneously. An integrated strategy accelerates financial recovery.