Foreigners interested in leasing apartments in Peru should take note of the recently passed Law N° 30933 – Law which regulates the special procedure for eviction with intervention of a notary (hereinafter the “Law”). As noted, eviction procedures in Peru must be generally carried out through the court system, which often involves a lengthy and expensive trial. However, the Law provides for a new alternative for landlords wary of breaching tenants, who do not wish to go through the Peruvian legal system to regain access to their property.
Application of the Law
For starters, the Law applies specifically in the event that (i) the lease contract has expired or (ii) the tenant is in breach of contract for lack of payment. As for the formalities the lease agreement must comply with, they are as follows:
- The property must be properly identified and the lease agreement must indicate its precise location;
- The lease agreement must either be (i) contained in an official Form for Lease Agreement destined for Housing (“FUA”), created by Legislative Decree N° 1177; or (ii) in a public deed;
- Any amendment to the agreement must follow the same formalities as the original agreement.
The procedure is summarized, in comparison to a regular eviction, in that the request for eviction is submitted to a public notary whom, after verifying that all requisites have been fulfilled, notifies the tenant the request for eviction.
The tenant then must either prove that (i) the lease agreement has not been resolved yet, (ii) they are up to date with their payments, or (iii) non-compliance of the agreement with the formalities established in the Law, correspondingly. If the tenant does not respond, within five (05) days of having been notified, or if their defense is unsubstantiated, the notary then notifies a justice of the peace, who shall then notify the police so that they may carry out the eviction.
Content of the agreement
In order for the procedure to apply, the agreement must contain at the very least the following clauses:
- A clause whereupon the tenant authorizes a future eviction and restitution of the property, in case of breach of contract for lack of payment or resolution of the agreement; and,
- A clause whereupon the tenant expressly declares to be subject to the Law, authorizing the notary to verify the aforementioned causes of resolution, and authorizing a justice of the peace to order and oversee the eviction.
- Establish the number, type and currency of the landlord’s bank account, where the payment for rent will be due.
By the Real Estate and Inheritance Department at RGB Avocats © – Peruvian Attorneys-at-Law
Disclaimer: The information on this page is provided for general informational purposes only, and may not reflect the current law in Peru. It is not intended to be a substitute for legal counsel on any subject matter.