Renting in Paraguay: what the Código Civil says, from five years to forty days

Renting in Paraguay is governed by the Código Civil, the civil code of 1985, in articles 803 to 844. The code itself adds that a special law takes precedence if it provides otherwise (article 804). The three numbers to know: a lease runs for at most five years, without an end date an unfurnished house counts as one year, and anyone renting without a fixed term gets forty days to leave after notice.

Situation	What the Código Civil says	Article
Longest term	5 years; a longer lease is reduced to 5 years	807
Unfurnished house, no term agreed	counts as 1 year	808 c
Furnished, price per month or week	counts as that period	808 d
Landlord gives notice, no fixed term	40 days after notice, if you are not two periods behind	839 b
Two months' rent unpaid	landlord can have the lease ended	837 h
After an eviction judgment	carried out within 10 days	838
Tenant dies	heirs can terminate within 6 months	841

What must the landlord do?

Hand over the house in a state that suits the agreed use, keep it in good condition and carry out the necessary repairs (article 812). That includes wear from normal use, and damage from force majeure or from a defect of the house itself (article 813).

If he does nothing after you have warned him, article 822 lets you withhold the part of the rent that the repair costs. If it is urgent, you may have it done yourself at his expense. So keep your message to the landlord and the invoice.

What must you do?

Pay the rent on time, use the house as agreed and keep it in good condition (article 825). Minor damage caused by those living in the house, you repair yourself. Report a defect as soon as possible. If you do not and it gets worse, you can no longer claim a rent reduction or compensation.

Subletting is allowed, unless the lease forbids it (article 830). A clause that keeps children in your care out of the house is void (article 809).

When you sign, have the condition of the house described, with photos. Article 840 says you return the house as you received it, if that condition was described. Without a description every disagreement at departure becomes your word against his.

What if the house is sold?

Then your lease runs on until its end, but only if it is entered in the register (article 810). With a lease of more than a year it pays to ask whether that is possible.

A new owner can in some cases challenge rent paid in advance. Article 817 protects advance payment of up to six months for a home in town. So do not pay more than half a year in advance.

If you agree on a guarantor, a fiador, article 816 makes him answerable for the rent and all other obligations under the lease, unless that is expressly limited.