Ley de Inquilinato: eviction and tenant rights

A landlord cannot remove you whenever they like, and a tenant cannot stay whatever happens. The Ley de Inquilinato (Decreto No. 50) lists thirteen grounds — and only those — on which a tenancy ends by judgment.

The 13 grounds for terminationLandlord side

Under Article 51, tenancies and subtenancies expire by agreement of the parties, or by judgment, in these cases:

1. 1)Arrears in the payment of rent.
2. 2)Devoting the property to uses other than those contracted for, or to purposes contrary to morality and good conduct.
3. 3)Storing flammable substances, explosives or materials that could damage the property, without the landlord’s written consent.
4. 4)Partial destruction rendering the property, or a substantial part of it, uninhabitable.
5. 5)Deterioration caused by the tenant’s negligence or by breaching the contract or the sanitary or municipal regulations — normal wear and tear excepted.
6. 6)Making modifications or alterations to the property without the landlord’s written permission.
7. 7)Where a new building is to be constructed, with approved plans or a building permit, and proof that funds exist to begin the works within two months of vacation.
8. 8)Where necessary repairs must be carried out that cannot be deferred and it is essential to vacate the whole property.
9. 9)Where the property needs repairs essential to maintaining its habitability or safety, evidenced by a report from the municipal engineering office.
10. 10)Where for public utility or the general interest the property must be destroyed in whole or in part.
11. 11)Where the property has been declared unsanitary in accordance with the law.
12. 12)Where the tenant sublets in whole or in part without the landlord’s written authorisation.
13. 13)Where the owner or usufructuary needs the house as a home for themselves, their spouse or the person they live with as a partner, ascendants, descendants, siblings or relatives within the first degree of affinity.

Source: Article 51 of the Ley de Inquilinato. Above is the operative fact of each ground; the full legal text, with its conditions, is in the article.

When are arrears deemed to arise?Tenant side

This is ground number 1 and the most used, and the law is specific. A tenant falls into arrears where they neither pay the rent nor deposit it where required within the following eight days of two months’ rent falling due. It is not one day late, nor one month: the ground itself sets that period.

If the landlord will not give you a receiptTenant side

Article 47 requires the landlord to issue a receipt for every payment, and gives you the right to demand it. And it resolves the classic trap: if the landlord refuses to give a receipt, the tenant must withhold payment and deposit the rent owed at the Court, which will issue the receipt and record the payment in a rent-deposit book. Paying without a receipt is what later allows arrears to be alleged.

Can they raise your rent?Tenant side

Article 8 prohibits raising the rent on homes or premises, and requires the rent the tenant was paying before the Law came into force to be maintained as a maximum, in accordance with Decreto No. 11 of 29 April 1965. Those who breach that provision incur the penalties the Law itself establishes.

If you are evicted for building work, or for the owner to move inTenant side

Grounds 7 and 13 — new construction and the owner’s own housing need — carry two additional protections. First, Article 53 requires notice to vacate to be given at least three months in advance. Second, under Article 54, where vacation is sought on those grounds the landlord must make a deposit at the Court before proceeding. Merely alleging them is not enough.

SublettingBoth sides

Subletting in whole or in part without written authorisation from the landlord is ground 12 of Article 51, save as prescribed by Article 41. If you are going to sublet, written permission is what protects you.