¿Tenants are entitled to a month of permanence for each year of rent in Guatemala? This is one common belief among many people who rent homes or commercial premises, but What really does the current law say?
In Guatemala, the Real estate lease It is regulated by a specific law that protects both owners and tenants. If it is for rent a house, Undo a property or simply want to know your Rights as tenant either ownerit is essential to understand what stipulates current regulations.
In this article you will find key information about deadlines to evict rented homeif there is the benefit of a free rent per yearand what are the laws that regulate rental contracts in Guatemala.
Is it true that tenants are entitled to a month of permanence for each year of contract?
No. In Guatemala, Tenants do not have the right to a month of permanence for each year of occupationaccording to several lawyers consulted by Free press. The Tenuer law Do not contemplate this benefit.
He lease It is the basis of the relationship between landlord and tenant, and conditions such as duration, rental amount, payment methods and unemployment clauses must be established. While the lessee has rights, The alleged “free month” is not one of them.
How long does a tenant have to vacate, according to the law?
According to the Guatemalan Law, the time to vacate a house depends on how the process is carried out:
If it is by mutual agreement or by decision of the tenant:
According to him Article 1939 of the Civil Codethe tenant can end the lease with a Written noticeat least:
- 30 days in advance If it is a home.
- 60 days in advance If it is a business or offices.
If it is done by court:
According to him Article 240 of the Civil and Commercial Procedural Codeif the eviction is done through a judge, the deadlines are:
- 15 days For houses or room stores.
- 30 days for commercial or industrial establishments.
- 40 days For rustic farms.
These deadlines are inalienable and non -extendableso neither the owner nor the tenant can modify them.
What are the rights of the tenants in Guatemala?
The Tenuer law and the Civil code establish a series of RIGHTS FOR LESSEESamong them:
- Pacific use of the property: The lessor cannot unjustifiably interrupt the use of good.
- Payment vouchers: The tenant has the right to receive an receipt signed with date for each income paid.
- Property in good condition: The owner must deliver the house or local in adequate conditions for its use.
- Protection against unjustified evictions: They can only be made for legal causes such as breach of contract or lack of payment.
What rights does the owner have?
On the other hand, the owner also has legal guarantees, among which are:
- Demand the payment of income and other conditions agreed in the contract.
- Terminate the contract If clauses are breached or the property for personal use needs.
- Request guarantees or depositsespecially to possible damage or sudden unemployment.
- Perform inspectionswith authorization of the tenant, to verify the state of the property.
- Start eviction processes by judicial means if the lessee fails with his obligations.
What regulation governs the lease today?
Currently, lease in Guatemala is mainly regulated by three legal bodies:
- Tenator Law (Decree 1468 of 1961): Regulates urban leases, establishes rights and duties, and procedures for eviction.
- Civil code: Articles related to lease contracts, obligations, deadlines and terminations.
- Civil and Commercial Procedural Code: details the judicial procedures in case of conflicts between lessor and tenant.
Brief history of the Tenator Law in Guatemala
According to a legal analysis available in the Library of the Judicial Agency of Guatemala, before 1961, the lease relations in the country were governed by the Civil codehe Civil Procedure Code and the Decree 178 of 1954issued during the government of Carlos Castillo Armas.
These regulations allowed free hiring without sufficient guarantees for tenantswhich caused abuse, arbitrary increases in income and social conflicts, especially affecting people with limited resources.
In order to balance the relationship between landlords and tenants, Congress approved in 1961 the current Tenuer law. This law includes 63 articles And seeks to guarantee:
- He income control to avoid unjustified increases.
- The Mandatory contracts in writing.
- The Prohibition of discrimination When renting a property.
- The demand for Health authorization To rent homes or premises.
In Guatemala, the belief that, at the end of the lease contract, the tenant can stay an extra month for each year rented. Current legislation Does not contemplate that benefitand everything related to rights and obligations must be clearly stipulated in the lease.
Know the Tenuer law and the relevant articles of the Civil code It allows both landlords and tenants to act responsibly, protect their interests and Avoid unnecessary legal conflicts.