Argentina’s ‘express eviction’ law: what the headlines get wrong
Three bills would dramatically reduce landlord risk. Here is what that means for your rent, your deposit, your caucion, and the gray zones nobody is talking about.
Reviewed: March 25, 2026
VitoThree bills propose faster evictions. None have been submitted to Congress yet. If you pay rent on time with a registered contract, these proposals do not threaten you. They DO change the economics: your landlord's risk drops dramatically, which should mean lower caucion costs and easier deposit negotiations over time. The main concern for expats: most temporary contracts are unregistered, which creates a gray zone regardless of payment history. Nothing has changed yet.
How we got here
Status as of March 2026: No bill has been submitted to Congress. Three proposals exist in draft form. The political direction is clear: all three branches favor faster eviction. Plan accordingly.
Side-by-side comparison
“Old Law” = repealed Ley 27.551 (2020–2023). “Current” = DNU 70/2023. “Proposed” = synthesis of three draft bills where they converge.
| Aspect | Old Law (2020) | Current (DNU 70/2023) | Proposed | Change |
|---|---|---|---|---|
| AFIP registration | Mandatory (Ley 27.551) | Required but rarely enforced | Critical: registered = protected. Unregistered = weaker standing | key shift |
| Prior notice for non-payment eviction | 10 days (Art. 1222 CCyC + judicial practice) | 10 days (Art. 1222 CCyC) | 3 days (executive draft). Yeza: 3 days. Pagano: 5 days | 10 → 3 days |
| Mandatory mediation before eviction | Yes (Ley 26.589). +60–90 days | Yes | Eliminated for non-payment | eliminated |
| Judicial bond (caucion judicial) | Required from landlord | Required | Eliminated | eliminated |
| Process type for non-payment | Ordinary civil (full trial) | Summary (Art. 679 CPCCN) | Immediate resolution — 5 business days | new track |
| Realistic timeline (non-payment) | 12–24 months (mediation + trial + appeals) | 8–18 months (mediation + summary + enforcement) | ~30 days (3-day notice + 5-day judicial + enforcement) | 8–18 mo → 30 d |
| Squatter / intruder eviction | No special procedure | No special procedure | 48–72h. Police + judicial order. Force authorized | new procedure |
| Grounds for termination by landlord | Restricted (personal use, sale, demolition) | Per contract (Art. 1219): non-payment, breach, unauthorized subletting | Adds: expired + >10 days = “precarious occupant,” express removal | expanded |
| Use of public force | After full judicial process only | Same | Squatters: immediate. Tenants: after judicial order (faster) | expanded |
| Protections for vulnerable occupants | Broad judicial discretion to delay | Same | Social services notified but eviction not suspended. Max 10–15 day extension | narrowed |
What it means for you
I rent with a formal, registered contract
RenterSigned contract, AFIP-registered, documented payments.
You are not the target of these proposals. Your landlord is the beneficiary. Lower eviction risk = less reason to demand expensive guarantees. If you negotiate a new lease after this passes, you should have leverage to reduce caucion costs. Pay on time, and the only change you notice is a cheaper guarantee.
I am an expat on a temporary rental
RenterApartment via Zonaprop, Telegram broker, or friend. Possibly no written contract. USD cash payments. Tourist visa.
Key paradox: AFIP registration requires CUIT/CDI, which most tourist-visa expats lack. Under proposals, unregistered = “precarious occupant” = weaker standing. Fix: get a CDI (passport only, no DNI needed), insist on registration. Contracts under 3 months = “hospitality,” not tenancy. USD cash is legal (Art. 765/766) but unprovable. Always get a signed receipt.
I rent informally: cash, no written contract
Renter Gray zoneNo written contract. Cash payments. Found via friend, encargado, or Facebook.
Courts accept WhatsApp messages as evidence (CNCiv jurisprudence). Enough to prove you’re not a squatter, but may not qualify as “registered tenant.” Create a trail now: monthly WhatsApp confirming payment, photograph cash handovers, keep utility bills.
I am a landlord
LandlordProperty owner renting in Buenos Aires. May or may not register contracts or declare income.
This is overwhelmingly good for you. The trade-off: register (pay income tax, gain 30-day eviction) or stay informal (avoid taxes, keep 18-month process). Formalization wins on risk math. If you pass the savings on (lower caucion requirements, smaller deposits), you attract better tenants. If you do not, the market will eventually force it as competitors do.
I am a real estate agent or broker
AgentBuenos Aires rental market agent or broker, licensed or independent.
An agent who offers “fully registered, express-eviction-eligible contracts” adds concrete value. For the expat market: helping tenants get a CDI, guiding registration, and ensuring documented payments becomes a differentiated service. Agents operating in the gray zone face increasing risk.
I am a guarantee / caucion provider
GuaranteeSeguro de caucion provider (GarantiaYa, Respaldar, Garantor, etc.).
This is the biggest economic shift in the proposals. The entire caucion model insures against 18-month eviction risk. If maximum loss drops to 1–2 months, 5% premiums become indefensible. For renters, this means cheaper guarantees. For providers, it means a pivot: from “non-payment insurance” to “tenant verification and trust scoring.” Providers who adapt and drop prices survive; those insisting on current premiums will lose to deposits, escrow, or credit-verification platforms.
My contract expired and I am still living here
Renter Gray zoneLease ended. No new contract signed. Still paying rent, possibly at old rate. Nothing formalized.
Renew immediately, in writing, with AFIP registration. Do not rely on tacit renewal. Under the proposals, 10 days without a new registered contract = express removal eligible.
The gray areas nobody writes about
I pay in USD cash. Can I prove I am a tenant?
Yes, but harder. Dollar payments are legal (CCyC Art. 765/766). The issue is documentation. What counts: signed receipts, WhatsApp messages acknowledging payment, photographs with visible date. What does not: your word alone, ATM withdrawal records. In a fast-track hearing, you need evidence immediately. Cash payers with organized records are fine; those with nothing are vulnerable.
I am on a tourist visa and renting. Is my contract valid?
Yes. The CCyC does not require legal residency to contract (Art. 22). A tourist visa does not void your contract. Practical complications: you likely lack a CUIT/CDI (making AFIP registration difficult), and a judge may weigh immigration status as circumstantial evidence. Obtain a CDI (passport only, at any AFIP office), register the contract, document everything.
My landlord made me sign a “convenio de desocupacion” (pre-signed eviction agreement). Is it enforceable?
Common but legally weak. Courts can void them if signed under pressure or without independent legal advice (CCyC Art. 332). Several CNCiv rulings have struck down convenios signed simultaneously with the lease. Under proposed bills, a fast-track judge may give them more weight due to the expedited timeline. If asked to sign one, refuse. If you already signed one, consult a lawyer.
My contract is not registered with AFIP. Can the fast-track be used against me?
The central ambiguity. Registered: you are a tenant, 30-day eviction track, right to cure. Unregistered: ambiguous. A sympathetic judge may still recognize you; an unsympathetic judge may classify you as a “precarious occupant” (express track, 5–15 days). Registration protects you definitively; non-registration leaves your fate to judicial interpretation in a system designed for speed, not nuance.
My landlord does not declare rental income. What happens if they try to use fast-track eviction?
This cuts in your favor. To use express eviction, the landlord must register the contract, which means declaring income to AFIP. Ley 11.683 penalizes undeclared income with fines of 50–100% plus interest, up to 5 years back (10 if fraud). A landlord collecting rent off the books would expose their own tax evasion by filing. Not bulletproof (a motivated landlord may accept the consequences), but a significant deterrent worth raising in any negotiation.
There are children in my household. Can I be evicted?
Currently: judges can delay evictions by months citing Ley 26.061 and Art. 75 inc. 22 CN (Convention on the Rights of the Child). Proposed: social services notified but eviction not suspended; judge may grant 10–15 day extension only. This will face strong constitutional challenges. Argentine courts take “interes superior del nino” seriously.
The contract is in someone else’s name. What are my rights?
Authorized sublease: same rights as a tenant. Unauthorized subletting: landlord can terminate (Art. 1219 CCyC); under proposals, you are a precarious occupant. Cohabitation: no independent tenancy rights; if the named tenant leaves, you have no legal standing. Get your name on the contract if possible. Domestic partners have limited protections (CCyC Art. 509–528), but only for a registered partnership’s family home.
My agency charged me a commission in CABA. Was that illegal?
Long-term CABA: yes, illegal. Ley 5.859 and Ley 27.551 Art. 13 (not repealed by DNU 70/2023) prohibit tenant-paid commission. Not affected by eviction proposals. Temporary: less clear; 10–15% tenant commission is standard market practice. Remedy: file with Colegio Inmobiliario de CABA or COPREC. Statute of limitations: 2 years (CCyC Art. 2562). Keep your receipt.
What to do now
Nothing has changed yet, but the direction is clear. Position yourself to benefit from the shift:
Urgent (do this week):
- Verify your contract is registered with AFIP. Ask for the registration number. Registration is now your strongest protection AND your leverage for cheaper guarantees.
- If your contract is expired or expiring, renew in writing immediately. Do not rely on tacit renewal.
- If renting informally, send a WhatsApp confirming this month’s payment and wait for a reply. Start building a documentation trail.
Important (do this month):
- Expats: get a CDI from AFIP (passport only). Push for a written, registered contract. This is about access to the formal system and its protections.
- Switch cash payments to bank transfers where possible. Documented payment history strengthens your position in any negotiation.
- If renewing or signing a new lease, negotiate caucion costs down. The landlord’s risk is dropping — your guarantee costs should drop too. Use these proposals as leverage: “Your maximum exposure is about to shrink from 18 months to 1 month. Why am I still paying a 5% guarantee?”
- Landlords: register contracts. The express eviction track is worth more than tax savings from informality.
- Agents: build AFIP registration into your standard service. “Express-eviction-eligible contracts” is a concrete value proposition.
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Current legislation
Codigo Civil y Comercial de la Nacion (CCyC), Libro Tercero, Titulo IV, Cap. 4 — Locacion (Art. 1187–1226)
DNU 70/2023 — Decreto de Necesidad y Urgencia, Titulo III, Locaciones (Dec. 21, 2023)
Ley 27.551 (2020) — Ley de Alquileres, partially repealed by DNU 70/2023
Codigo Procesal Civil y Comercial (CPCCN), Art. 679–688 — Desalojo
Ley 26.589 — Mandatory pre-trial mediation
Ley 5.859 (CABA) — Prohibition on tenant-paid commission
Ley 26.061 — Child rights protection
Constitucion Nacional Art. 20 (foreigner rights), Art. 75 inc. 22 (treaty status)
Ley 11.683 — Tax procedure (penalties for undeclared income)
Proposed bills
Proyecto 0297-D-2024 (Yeza) — Express eviction for non-payment
Proyecto (Pagano, LLA) — Express eviction and squatter removal
Anteproyecto “Ley de Inviolabilidad de la Propiedad Privada” — Executive draft, Consejo de Mayo (Dec. 2025)
News & analysis
Infobae — “Facilidades para desalojar” (Mar. 2026)
La Nacion — “Que dice el proyecto de Inviolabilidad” (Dec. 2025)
iProfesional — “El Gobierno impulsa desalojo expres” (Dec. 2025)
El Cronista — “Desalojo express: como impactara”
Pagina 12 — “Yeza presento un proyecto de desalojos expres”