JUICIO DE DESOCUPACION
Article 43
In the case that the landlord refuses to receive the rent, it may be deposited in the respective tribunal, provided that the tenant attaches to the application for consignment the last receipt evidencing the payment of the rental corresponding to the previous month or, otherwise, provided that the consignment is made based on the proceedings in which the preceding consignment appears.
Every consignment subsequent to the first shall be processed and decided in the same file, with the proceedings being accumulated, unless they are found in different instances.
The deposit shall suffice for the default in payment to cease as a ground, provided that the tenant is not insolvent for more than two monthly installments of rent due.
If the tenant deposits the value of the rents that are demanded of him and they are in accordance with the lease contract, with the receipt or with the proofs of previously approved consignments, the payment shall be declared well made. As long as the consignment has not been declared inadmissible, the tenant may not withdraw the consigned sum.
Official Spanish text: Decreto 1468 del Congreso de la República (texto de transcripción secundaria (opens in a new tab). Read this article in Spanish
Article 44Repealed
The term to answer the demand of vacating is three days and the term of evidence, including the challenge of witnesses, is ten. Once the term of evidence has concluded, those that have been rendered shall be added to the record and the judge shall set a day for the hearing, which shall take place within the term of ten days. The judgment shall be issued within the following five days.
Derogado por el artículo 1 del Decreto 48-2005 del Congreso de la República.
Official Spanish text: Decreto 1468 del Congreso de la República (texto de transcripción secundaria (opens in a new tab). Read this article in Spanish
Article 45Repealed
The tenant who does not present the last receipt that he should have paid or who does not evidence his solvency with the proof of the consignment made may not propose articles of preliminary pronouncement, defenses of any kind, or remedies of any nature.
Derogado por el artículo 1 del Decreto 48-2005 del Congreso de la República.
Official Spanish text: Decreto 1468 del Congreso de la República (texto de transcripción secundaria (opens in a new tab). Read this article in Spanish
Article 46Repealed
For the vacating a term of fifteen days shall be fixed if it concerns a dwelling and of thirty days if it concerns premises.
Once the terms set for the vacating have passed without it having been carried out, the ejectment shall proceed at the expense of the tenant.
The terms fixed in Articles 44 and 45 and in this one are non-extendable.
Derogado por el artículo 1 del Decreto 48-2005 del Congreso de la República.
Official Spanish text: Decreto 1468 del Congreso de la República (texto de transcripción secundaria (opens in a new tab). Read this article in Spanish
Article 47
The ejectment of the tenant, definitively decreed by a competent judge, shall not give him the right to the payment of any compensation.
Official Spanish text: Decreto 1468 del Congreso de la República (texto de transcripción secundaria (opens in a new tab). Read this article in Spanish
Source: Decreto 1468 del Congreso de la República (texto de transcripción secundaria, cotejado con El Guatemalteco, 6 de julio de 1961). Machine-translated from the official Spanish text; Códice is not legal advice, always verify against the official publication.