Most landlord problems in Puerto Rico don’t start with a bad tenant. They start with a lease that was never written down, a repair request nobody tracked, or an owner who assumed mainland rules apply here. They don’t. Puerto Rico’s 2020 Civil Code (Act 55-2020) has its own chapter on leases, and the eviction process runs through the local courts on its own terms.
Here are the rules our team sees owners trip over most often in long-term rentals.
1. Put the lease in writing, with a defined term
The Civil Code says a lease doesn’t need any special formality to be valid. In practice, that’s not a reason to skip the paperwork. The Code itself states that a lease agreed for a term of up to six years must be in writing, and if you want the lease to be effective against third parties, it has to be recorded in the Property Registry, which requires more formality.
Two defaults matter if your lease is vague:
- No term stated? A real estate lease without an agreed term is treated as a one-year lease (Art. 1333).
- Selling during the lease? A sale of the property, or the landlord’s death, does not cut short the agreed term unless the parties agreed otherwise (Art. 1334). A buyer generally inherits your tenant.
2. Know exactly who fixes what
Article 1345 lists the landlord’s core obligations. You must:
- deliver the property in a condition suitable for its use;
- make or pay for the improvements necessary for that use;
- carry out necessary repairs within a reasonable time after the tenant reports the problem;
- avoid improvements that reduce the agreed use; and
- take the property back when the lease ends.
Article 1346 sets the tenant’s side. Among other things, the tenant must keep and maintain the property, pay rent on time as agreed, not change the agreed use, notify the landlord of any damage or condition that needs repair, and return the property in the condition received, except for wear from time and ordinary use. The tenant may also make urgent necessary repairs at the landlord’s cost once the landlord has been notified.
One detail owners often miss: the tenant must allow inspections for justified reasons with seven days’ prior notice. Build that notice period into your lease and your inspection calendar.
“Reasonable time” is a judgment call. Dated move-in photos and a repair log are what support yours.
3. The lease doesn’t simply end on its end date
This catches mainland owners by surprise. Under Article 1335, when the agreed term arrives, the lease continues on the same terms until either party notifies the other that it wants to end the contract. The Code calls this tácita reconducción. One side effect: third-party guarantees on the original lease don’t carry over to the continued lease.
If you plan to raise the rent, change terms, or take the unit back at the end of the term, send written notice before the end date and keep proof of delivery. Waiting until the tenant overstays leaves you with a lease that keeps running on the old terms.
4. When a landlord can end the lease early
Article 1348 allows the landlord to terminate the lease when the tenant:
- abandons or stops using the property, or changes the agreed use;
- fails to keep up the obligation to maintain the property; or
- fails to pay the agreed rent for two consecutive periods.
The parties can also agree to end the lease early (Art. 1350). The tenant has its own termination rights if the landlord doesn’t keep the property fit for the agreed use (Art. 1349).
5. Evictions go through the court, never around it
Puerto Rico’s Judicial Branch is direct about this in its public guide to the eviction (desahucio) process: it is illegal for an owner to remove a tenant by force. The owner has to file an eviction complaint and win a judgment before the tenant can be removed.
Here’s how the process works, based on that guide:
- Grounds include unpaid rent as agreed, breach of an essential lease clause (written or verbal), breach of a federal subsidy contract such as a HUD contract, and a tenant who refuses to leave after the contract ended.
- Filing uses the court’s eviction complaint and summons forms. The guide lists filing fees of $60 when the claim is eviction for non-payment only, and $90 when the ground is something else, there is no contract, or the amount claimed exceeds $5,000 a year. Unpaid rent can be claimed in the same case.
- Summary process: Puerto Rico recognizes a fast, short-deadline eviction procedure designed only to recover possession in straightforward cases such as non-payment or an expired contract. If the tenant raises certain defenses, the court can convert it to an ordinary case, which takes longer.
- Timing: if there’s no appeal, the judgment becomes final five days after notice of the judgment is filed. If the court finds the household is insolvent, the removal can take place 20 days after notice of the judgment.
- It isn’t automatic: after the judgment is final, the owner must file a motion asking for the eviction order. On eviction day, a court marshal carries it out, and the owner must be present.
Changing locks or removing belongings on your own exposes you to liability. If it reaches that point, involve a licensed attorney.
6. Federal rules still apply in Puerto Rico
Fair housing. The federal Fair Housing Act prohibits housing discrimination because of race, color, national origin, religion, sex, familial status or disability, and HUD notes it applies to nearly all housing, including private housing. Your listing, screening criteria and lease terms should describe the property and the requirements, not the kind of person you’d prefer, and apply the same standards to every applicant.
Lead-based paint. For most housing built before 1978, EPA’s disclosure rule requires the landlord, before the lease is signed, to disclose known lead-based paint and hazards, provide available records and reports, give tenants the pamphlet Protect Your Family From Lead in Your Home, and include a Lead Warning Statement in or attached to the lease. Exemptions include leases of 100 days or less with no renewal, zero-bedroom units, and housing certified free of lead-based paint, with conditions. EPA publishes a sample disclosure form in English and Spanish.
What this means for you
- Use a written lease with a fixed term, rent, due date, use and notice process.
- Calendar the end date and send written notice before it if anything should change.
- Keep move-in photos and a repair log, and give seven days’ notice before inspections.
- Check the build year. Pre-1978 means lead disclosure before signing.
- Screen consistently. Non-payment is a court matter, never self-help.
Let our team carry the paperwork
The Caromar Group team handles tenant placement and leasing and full long-term property management across San Juan and the metro area: screening, lease preparation, move-in documentation, rent collection, repair coordination and renewal notices. If you’re weighing whether to self-manage, ask us for a property management quote and our team will prepare it for you based on your property.
Call or text our corporate line at 939-353-0189, message us on WhatsApp, or reach us through our contact page.
This article is general information, not legal or tax advice. Consult a licensed attorney or CPA.
Sources
- Puerto Rico Civil Code, Act 55-2020, Arts. 1331–1350 (lease chapter), via LexJuris Puerto Rico
- Poder Judicial de Puerto Rico, “Proceso judicial de desahucio”
- U.S. EPA, Lead-Based Paint Disclosure Rule (Section 1018 of Title X)
- U.S. HUD, Housing Discrimination Under the Fair Housing Act
