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Delinquent Tenant Eviction

CIVIL AND COMMERCIAL CODE OF THE NATION
25,488
Amendment Act. Sanctioned
: October 24, 2001. Promulgated
Fact: November 19, 2001.
The Senate and Chamber of Deputies of Argentina in Congress assembled, etc., Act enact as:
Article 684 bis. Eviction for non-payment or expiry of contract. Unemployment
immediately.
In cases where the reason invoked for eviction regardless of the non-payment or expiry of the contract, the plaintiff may also, under real security, obtain immediate unemployment according to the procedure laid down in article 680 bis. In the event that proves that the actor got that far concealing facts or documents that will configure the locative relationship or the payment of rent, in addition to the immediate execution of the bond will be imposed a fine of up to $ 20,000 in favor of the counterparty.
The new amendment to the Civil and Commercial Code's Office has made changes regarding eviction process.
Procedure Code in its original text says in its article 680 bis "In cases where eviction action is directed against instrus, at any stage of trial after the litigation and locked the request of the actor, the judge may the immediate delivery of the property if the right be credible and relied upon bond for any damage or harm that may be incurred. With the changes, the new art. 684 bis states that the actor enhances the ability to obtain immediate unemployment, real bail in cases where the reason invoked for eviction regardless of the lack of payment or due date. But if it is proved that the actor got that far concealing facts or documents that will configure the locative relationship or the payment of rent, in addition to the immediate execution of the bond shall be liable to a fine of up to $ 20,000 in favor of the counterparty.
The extension of the cases in which unemployment can be ordered immediately property is a benefit to the actor that is unprecedented. With the old system the defendant had the duration of the process, which examined by way of summary proceedings, being the term of uncertain litigation and allowing the tenant by delaying tactics, with the obvious harm to the actor. Furthermore, this reform has the effect discouraging to the tenant or occupier who fails to fulfill its obligations, it will be forced to leave the property in question, in a very short term.
It also incorporates Article 680 ter. which provides that in cases of eviction that will found in default of payment, contract expiration, reassignment, damage property and works harmful abusive or dishonest, and in cases where the action is directed against an intruder, the judge must make before the transfer of claim, a judicial recognition within five days of issuance of the first step, with assistance from the Public Defender.
is, with this new procedure, the landlord of a property may, upon suretyship (deposit account in a court of a sum of money determined by the judge), order the immediate evacuation of the building. Likewise, the court will conduct a judicial recognition in the building, where after checking the facts and notified the tenant of eviction proceedings initiated against him, ordered his immediate evacuation. If in the event that the Judge finds that the landlord committed any deception or concealment of documents that address the relationship leasable or rent payments, may, if deemed appropriate, to execute the bond and to fine the defendant for up to $ 20,000.
This new amendment is applicable only in the Federal Capital area and came into effect from May 22, 2002. Applied to both trials commencing on or after that date, as well as those already initiated and are pending.

Source: Argentina Real Estate Chamber