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04 — REAL ESTATE

Eviction proceedings: how to recover your property when the occupant won't leave

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.

Types of eviction

Eviction for non-payment

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.

Eviction upon lease expiration

When the lease has expired and the tenant refuses to vacate, eviction is available. Prior notice is required to enable the judicial claim.

Eviction for intrusion

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.

Eviction for precarious license

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.

Eviction for breach of contractual obligations

Unauthorized modifications, damage to the property, prohibited uses, unauthorized subletting. The cause must be evidenced in writing.

Eviction in horizontal property for serious misconduct

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.

Stages of the process

  • Extrajudicial notice (when applicable)
  • Filing of claim and service of process
  • Response (with or without opposition)
  • Preliminary hearing
  • Production of evidence (witness testimony, documents, reports)
  • Judgment
  • Voluntary vacating period (typically 10 days)
  • Forced eviction (with assistance of law enforcement)

Recovery of unpaid rent and damages

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.

Why choose Tchestnykh & Asociados

  • Optimized procedural strategy to shorten timelines
  • Simultaneous claim for rent arrears and damages
  • Enforcement of guarantees (guarantors, surety bonds) coordinated with eviction
  • Coverage in CABA and the Province
  • Lease agreements
  • Real estate purchase/sale