The Eviction Law in Paraguay: Procedure, Timeframes, and What Current Regulations Establish

The eviction process establishes the legal framework for the restitution of real estate in cases of non-payment, expiration of contract or occupation without title, with defined deadlines and a specific procedure regulated by the Civil Procedure Code.

Eviction proceedings are one of the most important legal mechanisms in the real estate market, especially in rental relationships, property occupation, and property management. In Paraguay, this procedure is regulated by the Code of Civil Procedure, in Title VII, "On Eviction," which establishes the legal process to be followed when a person is obligated to return a property or part of it.

This legal mechanism is relevant for landlords, tenants, developers, property managers, and investors alike, as it allows for the legal resolution of situations where occupancy of a property no longer has sufficient contractual or legal backing. This can occur, for example, when a lease has expired, when there is non-payment of rent, when someone occupies the property without a valid title, or when there is an outstanding obligation to return the property.

According to Article 621 of the Code of Civil Procedure, eviction proceedings are available against the lessee, subtenant, or any precarious occupant whose obligation to return the property is enforceable. In simpler terms, this means that the process can be initiated not only against the primary tenant but also against other individuals occupying the property who are obligated to vacate it.

The procedure begins with the filing of a written complaint. Once the action is initiated, the court serves the defendant, who has six days to respond. This point is important because the Code itself establishes a warning: if the complaint is not answered within the deadline, the facts presented by the plaintiff may be deemed true, and the judge may issue a ruling without further proceedings.

This doesn't mean that every eviction is automatic, but it does show that the process is designed to move relatively quickly when there is no formal objection. The response to the lawsuit is the moment when the defendant must present their defense, submit supporting documents, and offer any evidence they deem necessary.

Another important aspect is the situation of subtenants or squatters. The law requires that both the plaintiff, when initiating the lawsuit, and the defendant, when responding, report whether there are other people occupying the property. If so, the judge must notify them by summons within three days so they can appear in court. This notification is crucial because it ensures the judgment also has effect on them.

In practice, this provision prevents the eviction process from being limited solely to the main tenant when other people are present in the property. The eviction order can extend to subtenants and squatters, provided they have been duly notified in accordance with the legally established procedure.

The trial process is designed as a concentrated procedure. When filing the claim, the plaintiff must include documentary evidence and offer all the evidence they wish to present. The defendant, in their response, must do the same. This means that the parties cannot reserve their arguments or evidence for later, but must present the main elements of their position from the outset.

Once the defendant has filed an answer to the complaint, they have another six days to respond to the new facts alleged by the defendant, expand their evidence if necessary, and answer any objections raised. Objections are procedural defenses that the defendant may present, but the law stipulates that they must all be raised together when answering the complaint and will be resolved in the final judgment.

If there are disputed facts, the judge opens the case to evidence for a maximum period of fifteen days. During this period, the admitted evidence is presented. The law does not allow for an extension, which reinforces the expedited nature of the procedure. Once the evidentiary period has expired and the evidence has been added to the case file, the judge must issue a ruling within ten days.

The Code also establishes specific limitations to prevent the process from becoming unnecessarily long. Each party may present up to four witnesses. If expert testimony is required, the judge appoints a single court-appointed expert. Furthermore, the presentation of arguments is not permitted. This distinguishes eviction proceedings from other, broader legal processes, where the stages can be more extensive.

In cases where the lawsuit is based on the non-payment of two or more monthly rent payments, or on the expiration of the term agreed upon in the contract, the admissible evidence is even more limited. In such cases, the law only allows a party's admission, a receipt for rent payments, or a document proving that the contractual term has not expired. The intention of the procedure is that, when the cause for eviction is clear and documented, the trial does not become an unnecessarily lengthy dispute.

When dealing with rental agreements without a specified term, the Code refers to the terms established by substantive law. Once that term has expired, immediate eviction by force may be ordered. However, if there is an expired lease agreement, if the contract was terminated for non-payment, or if the occupant is a squatter obligated to return the property, the judge may order the eviction and, depending on the circumstances, grant a period not exceeding ten days.

The eviction is the stage in which the judgment is physically executed and the property is vacated. It may be carried out with the assistance of law enforcement, as ordered by the court. However, the law also clarifies that the eviction does not prevent the defendant from pursuing other legal actions in a separate lawsuit if they believe they have rights to claim against the plaintiff.

An important point is that an eviction proceeding does not establish ownership or title rights. Article 633 states that the outcome of this process cannot be used to challenge possessory or ownership rights that the parties may assert in another lawsuit. In other words, the eviction resolves the restitution of the property, but it does not necessarily settle other legal disputes that may exist between the parties.

The final judgment is the only decision that can be appealed within the proceedings. The appeal is granted with suspensive effect, meaning that enforcement is suspended while the appellate court reviews the case. The court must issue its judgment within fifteen days.

The eviction order must also be served personally or by summons to any subtenants and squatters identified during the proceedings. They have the same timeframe as the primary tenant to vacate the property. This ensures that all occupants are formally notified of the court's decision.

The Code also provides protection against occupants who enter the property after the lawsuit has begun. Eviction can be enforced against any subsequent occupant if the plaintiff, when filing the lawsuit, requests that the property be registered as subject to litigation and that an inspection of the property be carried out, recording the occupants. These procedures must be completed within eight days of the filing of the lawsuit. The registration must be published for three days by edict in a newspaper of wide circulation.

Another option is a future judgment. This allows an eviction lawsuit to be filed before the agreed-upon deadline for vacating the property. In that case, the judgment ordering the eviction is enforced once the deadline has passed. If the defendant accepts the lawsuit and complies with the agreed-upon terms, the plaintiff is responsible for court costs.

Regarding the duration of the process, the timeframes can vary considerably. Although the Code establishes short deadlines for responding to the complaint, producing evidence, and issuing a judgment, the actual duration depends on the specifics of each case. When there is no opposition from the defendant, the trial can last approximately six months to a year. However, if there is opposition, procedural incidents, appeals, disputes regarding occupants, rights invoked by third parties, or more complex situations, the process can extend for a longer period. In particularly contentious cases, it can last several years and even significantly exceed the standard timeframes.

Law No. 6979 introduced a significant amendment to Article 621 of the Code of Civil Procedure. Following this reform, eviction proceedings are not admissible when the lawsuit is filed against elderly ascendants or persons with disabilities, provided that the plaintiff or owner has a legal obligation to provide support and that the eviction could create a situation of vulnerability and serious abandonment.

This situation can be proven at any stage of the proceedings through incidental motions. The processing of the incidental motion does not suspend the main trial, but it must be resolved in the final judgment, after receiving an opinion from the Public Defender's Office. With this amendment, the law incorporates an exception related to cases of special family or social vulnerability.

In summary, eviction proceedings in Paraguay are a specific legal procedure for recovering a property when there is a legally enforceable obligation to return it. Its legal structure includes short timeframes, limited evidentiary rules, and mechanisms for including other occupants in the process. At the same time, it provides exceptions and safeguards for certain sensitive cases, especially when vulnerable elderly people or people with disabilities may be affected.

For the real estate sector, understanding this procedure is crucial. Contractual clarity, proper documentation, occupant identification, and strict adherence to legal steps are key elements in preventing protracted conflicts and ensuring that property restitution can be processed within the framework established by law.