How effective is the Guatemalan legal system?
There are no specific courts for landlord and tenant issues. Any issues must be resolved in trial, according to the Civil and Mercantile Courts, using the “summary procedures”. As in many other countries in Latin America, there is a lack of speed in the legal system in Guatemala. It is best to resolve differences between the parties, and draft clear clauses in contracts. In case a party has to go to court, it will take time, depending on the defendant’s attitude. The defendant may use all possible defenses, including constitutional actions such as the Amparo (legal protection) in order to delay the outcome of the trial. However the jurisprudence is very emphatic that judges must reject every attitude that may hinder the proceedings. The majority of trials are quite short, lasting from 6 to 8 months. Regarding overdue payments, if there is an executive order, and there are goods to seize, it can be done in an average of three years.
