BuySellBA
Administrator
Goodbye to eviction delays: this is Milei's bill that has entered Congress - La Nacion Propiedades
Source:
Adiós a las demoras en los desalojos: este es el proyecto de ley de Milei que entró al Congreso
La iniciativa, que fue presentada el 27 de marzo, retoma el debate este miércoles y plantea cambios en puntos relacionados con los desalojos y los pagos de deuda de alquileres
www.lanacion.com.ar
April 17, 2026
The initiative, which was presented on March 27, resumes the debate this Wednesday and proposes changes to points related to evictions and rental debt payments.
The ruling party wants to move forward with the approval of the bill on the inviolability of private property.Shutterstock
The Government is moving forward with one of the most sensitive projects for the real estate market and legal certainty: the bill on the inviolability of private property .
The initiative, promoted by the Executive Branch and presented on March 27, began to be debated in a plenary session of committees in the Senate, although the ruling party assured that there will be no opinion, at least, until next week.
The initiative was spearheaded by the Minister of Deregulation and State Transformation, Federico Sturzenegger . And this Wednesday, the debate resumes after a recess , in a meeting organized into seven thematic blocks, with time for questions from senators at the end of each one.
The project's objective is: " To eliminate illegitimate restrictions that limit the essential content of property rights , strengthen their protection, and further promote legal certainty."
In other words, the initiative proposes a comprehensive reform that includes changes to the expropriation regime , modifications to eviction processes , and adjustments to various laws , including those concerning rural land, fire management, and the socio-urban integration regime for low-income neighborhoods.
One of the central points of the project has a direct impact on evictions , seeking to make them faster and simplifying registration procedures.
One of the central points of the project directly impacts evictions. Shutterstock
What changes in evictions
The text of the project establishes that all processes, both for non-payment and for intrusion or seizure of real estate, will be processed through summary proceedings, the fastest procedure in the Argentine judicial system.To that end, the reform modifies articles of the National Civil and Commercial Procedural Code, which governs exclusively in the city of Buenos Aires, as well as the National Civil and Commercial Code , which is a substantive law applicable in all provinces . The main proposed changes focus on the following points :
1-Summary trial is implemented
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,” explained Enrique Abatti, president of the Chamber of Property Owners of the Argentine Republic.
2- The payment demand is for three calendar days
In case of non-payment of rent, the owner must send a notification granting a period of at least three consecutive days for the tenant to pay the debt (currently it is 10 days).This is one of the points that generated 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 Abatti.
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.”
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.
3-Restitution can be anticipated
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 .As in cases of trespassing, the plaintiff (owner) can request and obtain early possession of the property—before a final judgment is issued—due to non-payment or expiration of the lease . To do so, they must submit a sworn statement (a legal commitment to assume responsibility for potential damages, i.e., how they receive the property), and the process will follow the expedited procedures 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.
4- Judicial recognition and identification of occupants is incorporated
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.5-The electronic address is enabled as a valid channel
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.6-The evidence that can be presented in trials is limited
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
