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I have a house on the south coast that I will be renting out for 6 months to an American couple. What are the laws about renting out a house in Costa Rica and what is a good idea to include in the lease. Does anyone have a copy of a lease that I can look at?
Have you read Roger Peterson’s Legal_Guide_to_Costa_Rica? He covers landlord-tenant matters pretty thoroughly. Failing that, you should contact an attorney.
If they’re not familiar with the laws of Costa Rica you should be fine with the same type of arrangements you’d make in the states… if they DO know how the system works here… you could be in for trouble… either way… take David’s advice… see an attorney! Using an attorney for such matters in CR is SO much cheaper…. and SO much smarter than doing so in the US. You’ll save yourself a bunch of trouble for the cost of what a tank of gas cost you in the US!
Shoulda said this before . . .
My (very limited) understanding of landlord-tenant relations, as defined in the law and discussed in Roger Peterson’s book, suggests that the matter can be a legal nightmare. You might instead consider an informal, handshake arrangement based entirely on good faith. We manage a rental house nearby and rent our guest house on a short-term basis and we’ve never had any written agreement. And we’ve never had a problem.
With or without a lease, there is always the risk of one party or the other not performing up to expectations, but either way, what are you going to do about it, sue??
Thanks for your replies. I did not realize that was cover in the Roger Peterson’s book. It sounds like the informal arrangement based on good faith that I already have is the way to go. I appreciate your comments.
Ellensam: There is more to it than simply go with “the informal arrengement”. Lease agreements in Costa Rica are either verbal or written, and the Tenancy Law apply the same.
The basics: a- No agreement could be shorter than 3 years, if the tenant so desires. He could sign, or shake hands over a 6 month lease, but if he wants, you can not evict him before 3 years. b- No increments in the rent for 3 years if the lease is in dollars. c- if after 3 years he does not want to leave, you will have to take your tenant to court and fight some good 6 – 9 months.Jose R Fernández, Attorney (iblawcr@gmail.com)
As Jose states above… these are some of the “rules” for landlord/tenant arrangements here in Costa Rica… and the reason I said you’re best off if you rent to folks that don’t know them and become professional tenants making your life a living hell!!!!! For all those folks that think such situations are a nightmare in the US… they can be worse here!
Edited on Feb 24, 2009 18:25
Everyone on this site should own Roger’s book; it is the legal Cliff Notes Legal Bible for “gringos” which equips you answer many questions yourself. Mine has passed several hands.
From what I’ve understood all lease agreements are for 3 years but each year you can raise the rent 15%. I think to be legally all contracts have to be in Spanish.
The Tenancy Law (Ley de Arrendamientos Urbanos) allows the rent to be increased, in the case of households, only when it is stated in colones, if in dollars, the same price should stay for the 3 years period. When the price is stipulated in colones 15% increases are allowed when the accumulated rate of inflation of the previous year is equal or lower to 15%
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