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What to do if a tenant doesn't pay the rent - La Nacion Propiedades
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Qué hacer si un inquilino no paga el alquiler
Cuando un locatario no paga el alquiler, se puede iniciar un juicio de desalojo, pero para ello hay que tener en cuenta algunas cláusulas importantes
www.lanacion.com.ar
August 04, 2025
When a tenant does not pay the rent, an eviction lawsuit can be initiated, but to do so, some important clauses must be taken into account.
In the event that an agreement is not reached between the parties, legal action may be initiated.Antonio Guillem - Shutterstock
One of the most common risks faced by those who rent a property is the tenant's failure to pay the rental fee (pure rent plus any additional fees, such as expenses, etc.).
Following the repeal of the rental law in December 2023, the rules of the game changed: contracts were once again governed by the Civil and Commercial Code (CCyC), subject to free agreement between the parties. The elimination of the restrictions imposed by the repealed law introduced important changes to the market : rent increases can be agreed upon based on the index agreed upon by the parties, the currency of payment, and the duration of the contract.
So, in a situation where the rental fee is not paid, what should be done and how should we proceed?
Enrique Abatti, a housing lawyer, clarifies these doubts and explains that it's first important to be able to differentiate between residential and commercial rentals, since the procedures differ in some aspects.
Signing a contract for a propertyCrizzy Studio - Shutterstock
What to do in each case
Housing rental
Under the legal framework, according to Article 1222 of the Civil Code (CyC), if the tenant fails to pay, the landlord must issue a reliable demand for payment of the debt. This means sending the tenant a formal notice, such as a certified letter, giving the tenant a minimum of ten calendar days to settle the debt . This demand must specify the place of payment. The notice will be valid even if the tenant refuses to accept it or if delivery cannot be completed for reasons attributable to the tenant.If, after the deadline, the tenant still fails to pay, the landlord has the right to initiate eviction proceedings . At the same time, they can initiate enforcement proceedings for the collection of rent and related amounts, since Article 1208 of the Civil Code (CyC) grants these amounts the status of enforceable title.
"It's also important to note that legal action can be taken against the guarantor, who is responsible for the entire debt," Abatti clarifies.
Commercial rental
The lawyer explains that unlike residential rentals, the law does not require prior notice in the case of commercial leases. Default is automatic, and once the tenant stops paying, eviction proceedings can be initiated.In both cases
It's important to clarify that, in both cases, the law states that two months must pass . However, this is not a matter of public policy, so the parties can agree to a different period in the contract . If the contract doesn't specify anything, the two-month period applies.Another point to consider is whether there is a surety bond or surety bond . If the tenant has this option, it is essential to notify the insurer immediately (generally, the deadline is 72 hours) by reliable means. "The insurer will subrogate the landlord's rights and will be responsible for initiating both the eviction lawsuit and debt collection," says Abatti.
To avoid surprises, a recommended practice for landlords is to pay expenses and other incidentals directly , and then charge them to the tenant along with the monthly rent. This arrangement must be clearly stipulated in a clause of the contract to be valid.
To start an eviction trial, the law states that two months must pass in which the rental fee has not been paid.Daniel Karp
How can you negotiate better terms in a rental agreement?
Signing a lease can be a stressful process if you don't fully understand the rights and obligations of both tenants and landlords.Now, following the repeal of the rental law , contracts are agreed upon under the principle of contractual freedom , which grants tenants and landlords the autonomy to agree on terms, amounts, and other conditions. This new legal framework replaces the limits and mandatory adjustment formulas of the previous law.
The key is to prepare before sitting down at the negotiating table and to put the agreements reached in writing . Before signing a contract, experts recommend knowing the tenant's legal obligations, clearly agreeing on adjustments and conditions, taking advantage of the best available offer, and documenting everything in writing to avoid future conflicts. The most important points are:
- Legal obligations of the tenant: they must maintain the property, pay rent and associated services in a timely manner, and return the property in good condition at the end of the contract, according to the Civil and Commercial Code.
- Contractual freedom: It is essential to define in writing the rate and frequency of rent adjustments, and it is recommended to establish agreed-upon adjustment mechanisms to maintain the economic balance of the contract.
- Tenant advantage with increased supply: With more properties available, tenants can negotiate better terms, such as discounts in exchange for early payments.
- Conflict prevention: The most problematic clauses should be carefully detailed, and it is advisable to support the initial condition of the property with certified photos and accompanying documentation.
- Review and documentation: Tenants and landlords should check titles, expenses, and regulations, and ensure all agreements are in writing to avoid future legal disputes.
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