Explore, connect, thrive in
the expat community

Expat Life: Local Discoveries, Global Connections

Real Estate News “Only three days to issue a formal notice for non-payment”: the change in rentals with the new Private Property Law - La Nacion Propiedades

BuySellBA

Administrator

“Only three days to issue a formal notice for non-payment”: the change in rentals with the new Private Property Law - La Nacion Propiedades​


1776455598946.png



Source:




April 17, 2026


The modification is part of a broader project that seeks to expedite evictions and reduce tenant debt repayment periods.



1776455660836.png
The bill sent to Congress drastically reduces the time it takes to notify a tenant for non-payment. Shutterstock


The bill on the inviolability of private property that the Government seeks to promote not only aims to accelerate evictions; it also introduces a concrete change that directly impacts rental contracts: it drastically reduces the time frame for notification of non-payment .

According to the bill being debated this Wednesday in the Senate, in residential rental agreements, landlords will be required to grant tenants a minimum of only three consecutive days to settle outstanding debts. Currently, that period is 10 days.

The Civil and Commercial Code establishes that a tenant may be two months late in paying rent before the landlord can issue a formal demand, unless the contract specifies a different timeframe agreed upon with the landlord. After those two months, the landlord can issue the demand, which, if the current bill is approved, would require the tenant to settle the debt within three days.

It should be clarified that although the debate on the project, which was presented on March 27, has resumed, the ruling party assured that there will be no ruling, at least, until next week.


The reduction in the notice period is significant
. In practice, it means cutting the tenant's chance to react by more than half and accelerating the start of legal proceedings in case of non-compliance.

This is one of the points that generates the most debate . “From the Chamber, we do not agree that the deadline should be only three days; it is too short. It should remain as it is (10 days),” said Enrique Abatti, president of the Chamber of Property Owners of the Argentine Republic.

For his part, Gervasio Muñoz, a representative of Inquilinos Agrupados (Tenants United), stated: “The government wants a law passed that would immediately evict a tenant family if they are three days late in paying their rent.”


1776455774012.png
In practice, this means shortening the tenant's reaction time to less than half the time. Shutterstock

The amendment is part of a broader reform aimed at streamlining evictions and reducing conflict resolution times . In this regard, the bill stipulates that all eviction proceedings, whether for non-payment, lease expiration, or trespassing, will be handled under the summary judgment procedure, the fastest in the judicial system.

The key points of the reform in the eviction process​

The draft bill stipulates that all legal proceedings, whether for non-payment or for trespassing or illegal occupation of properties, will be processed through summary proceedings, the fastest procedure in the Argentine judicial system. To achieve this, the reform modifies articles of the National Code of Civil and Commercial Procedure, which governs exclusively in the City of Buenos Aires, as well as the National Civil and Commercial Code, which is substantive law applicable in all provinces. The main proposed changes focus on the following points:

Summary trial​

The text stipulates that all proceedings, whether for non-payment or for trespassing or illegal occupation of properties , will be processed through summary proceedings, the fastest procedure in the Argentine judicial system. To this end, Article 679 of the Civil and Commercial Procedure Code is amended.

The difference is significant. “While an ordinary process can take between a year and a half and two years, the summary procedure significantly reduces the timeframes; it could be resolved in around six months,” Abatti explained.


Early restitution of the property​

In cases of trespassing (situations where people have entered or remain on a property without the owner's permission), the judge can return possession to the owner before a final judgment is issued . The bill specifies that this can be requested once the lawsuit has been officially served. That request must be resolved within five days .

In cases of non-payment or breach of contract, the plaintiff may also request and obtain early possession of the property (before the final judgment is issued) . To do so, they must provide a sworn guarantee (a legal commitment to assume responsibility for potential damages), and the proceedings will follow the expedited timeline of summary proceedings.

As a balancing measure, if it is proven that the landlord demanded immediate eviction while concealing that the tenant had indeed paid or hiding the actual contract, the judge will impose a fine of up to 10 times the value of the last rent in favor of the tenant.

Judicial recognition and identification of occupants​

Another significant change is the introduction of early judicial inspection . In cases of deterioration, misuse, non-payment, or trespassing, the judge must order an inspection within 72 hours of the initial ruling . The goal is to identify the occupants by name, surname, and national identity document number, with the involvement of the Public Defender.

Modernization of notifications​

The initiative also advances the modernization of notifications , by enabling the electronic address (if it was established in the contract) as a valid channel both to communicate the demand and to demand payment in housing rental contracts.

The electronic address is a virtual address , free, secure and mandatory, established by citizens for the receipt of communications from the various provincial agencies, so that they may be reliably notified.


Limitation of tests​

In parallel, in trials based specifically on non-payment or expiration of term, only documentary and expert evidence will be admitted , with the aim of avoiding delays associated with other means of proof.

The text also reinforces the final stage of the process . The eviction order will explicitly include authorization for the use of force, entry, and forced entry, even if the property appears unoccupied . It also empowers the court officer to appoint custodians (a natural or legal person) for any personal property located on the premises.



www.buysellba.com
 
Back
Top