Guide verification
What we verified in “Renting in Puerto Rico: the lease, your rights and eviction”
This page is the guide’s verification record. Every statement with a rule, a figure or a date appears with the official source behind it, the exact place inside that source and the day we checked it. If a rule changes, we update the guide, this list and the date.
18 checked statements Verified on October 31, 2026 5 official sources
Statements and where we checked them
The statements with rules, figures or dates, with the exact place in the source and the date we checked them.
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Under Puerto Rico's Civil Code, in a lease the landlord agrees to give the tenant the temporary use and enjoyment of property in exchange for a set price; a lease of real property is considered made for one year unless another term was agreed; the contract needs no special formality to be valid, except when someone wants to record it in the Property Registry so it holds against third parties; and a lease of real property for more than six years must be in writing.
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Under the Civil Code, when the agreed term ends, the lease continues on the same terms until either side notifies the other that it wants to end the contract; and at that point any guarantees a third party gave for the contract end.
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Under the Civil Code, the landlord's death or the sale of the rented property does not change the agreed length of the lease, unless agreed otherwise; and if the property is a home, the tenant's relatives who lived with the tenant for the six months before the tenant's death, or the person who lived with the tenant for that time, can take the tenant's place.
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Under the Civil Code, if the lease does not expressly forbid it, the tenant may sublet all or part of the home and remains responsible to the landlord; the landlord can refuse only if the subtenant does not have the same financial qualifications or the use causes the landlord financial harm; and one co-owner alone cannot lease the property without the other co-owners' consent, although the contract can be ratified later.
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Under the Civil Code, the rent is agreed by the parties, and payment can be agreed in arrears or in advance; if the contract says nothing, it is understood to be payable in arrears.
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Under the Civil Code, the landlord must deliver the property in a condition fit for its use, make or pay for the improvements needed for that use, make necessary repairs within a reasonable time after the tenant reports the problem, not make improvements that reduce the agreed use, and take the property back when the lease ends.
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Under the Civil Code, the tenant must use the property without changing the agreed use; keep it up and maintain it; make necessary repairs at the landlord's cost when they are urgent and the landlord has been told; pay the rent on time and the utilities, charges and taxes that come with the tenant's use; tell the landlord of any damage or disturbance; allow the landlord to inspect the home for justified reasons with seven days' prior notice; and return it at the end in the condition received, except for wear from time and ordinary use.
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Under the Civil Code, the tenant cannot demand repayment for useful or luxury improvements the tenant made, but may remove them if removing them does not damage the property.
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Under the Civil Code, the landlord may terminate the contract when the tenant abandons or stops using the property or changes the agreed use, fails to keep it up, or fails to pay rent for two periods in a row; the tenant may terminate it when the landlord fails to keep the home fit for the agreed use, breaches the warranties against eviction by a third party or hidden defects, or deprives the tenant of part of the use through the landlord's improvements, and in that last case may instead ask for a proportional rent reduction; and the parties may agree to end early.
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According to Puerto Rico's Judiciary, desahucio (eviction) is the court process in which the owner or a person with rights to a property asks the court for an order to remove whoever occupies it; it can be sought, for example, for nonpayment of rent, for breaking an essential clause of the contract, such as the number of occupants, animals, a different use or noise, or for breaking a federal contract such as HUD subsidy contracts; and it is illegal for the owner to remove the tenant by force: the owner must file a lawsuit and obtain a judgment in the owner's favor.
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According to the Judiciary, the eviction lawsuit is filed at the court clerk's office with the Eviction Complaint form (OAT 931) and the Eviction Summons (OAT 972); if the amount claimed is no more than $5,000 it goes to the Municipal Court, and if more, to the Superior Court; it carries $60 in internal revenue stamps if it is only for nonpayment, and $90 if it is for occupancy without a contract (en precario) or the claim is more than $5,000; and the court can waive fees for indigent people who ask, with forms OAT 1480 and OAT 1481.
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According to the Judiciary, once the lawsuit is filed, the clerk sets a hearing within the next 10 business days; the plaintiff must deliver the complaint and the summons to the defendant at least 5 days before the hearing; the defendant can answer beforehand, with the Answer to Eviction Complaint form (OAT 1801), or at the hearing; the parties may appear on their own (pro se) or with a lawyer and present their evidence; and if the defendant does not appear, the court enters a default and the case goes on without the defendant.
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According to the Judiciary, a party who disagrees with the judgment has 5 days from notice to go to the Court of Appeals, and whoever appeals an eviction judgment must pay a bond; if no one appeals within those 5 days, the judgment is final and the plaintiff can request the removal order (lanzamiento), which does not happen automatically: it is requested with the Motion for Eviction Order form (OAT 1742); the court marshal sets the date and removes the occupants with the plaintiff present; and if the court found the family insolvent, the marshal arranges for the Department of the Family and the Department of Housing to be present.
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According to the Judiciary, some defenses the defendant can raise are a conflict over title, having made the payments and having proof, not having done anything contrary to the contract, not having received notice of the case, or claiming a community of property for contributions to a shared home.
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According to the Judiciary, subsidized homes under the programs the Department of Housing administers, including HUD and Section 8 housing, have regulations governing eviction, and some require an administrative process before the lawsuit is filed.
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Under Act 95-2026, which amended the Special Legal Proceedings Act of the Code of Civil Procedure, eviction lies against tenants and other lessees and against anyone who holds or uses a property by tolerance (en precario) without paying rent; when the lawsuit is based on nonpayment, the defendant may offer no proof other than the receipt or any document showing the payment was made, although the court may receive proof of contributions through a community of property; and if the defendant claims a community of property because of contributions to the shared home, the defendant may present proof and require that the case go through the ordinary process; the act took effect on approval.
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According to the Judiciary, the court does not give legal advice; whoever needs it can use the Directory of Lawyers or, if they qualify, contact free legal services organizations, among them Servicios Legales de Puerto Rico, at (787) 728-5070 or 1-800-981-5342, Ayuda Legal Puerto Rico, the Bar Association's Pro-Bono, Inc., the law school legal aid clinics, the Office of the Advocate for Persons with Disabilities and the Office of the Advocate for the Elderly, for people over 60.
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According to the Judiciary, the Pro Se Centers give general information about the courts and some procedures to people representing themselves, and provide forms for civil matters such as eviction; you can visit, call or email the center for your judicial region; and the Judiciary's Information Line is (787) 641-6263.
Sources
Each source on one line: who publishes it, its title, its address and the date we read it.
- 1. Government of Puerto Rico, Office of Management and Budget (Virtual Library) · Código Civil de Puerto Rico de 2020 (Act 55 of June 1, 2020, as amended) · bvirtualogp.pr.gov · Accessed October 31, 2026
- 2. Government of Puerto Rico, Office of Management and Budget (Virtual Library) · Act 95 of 2026 (amendments to Articles 621 and 627 of the Code of Civil Procedure, eviction) · bvirtualogp.pr.gov · Accessed October 31, 2026
- 3. Puerto Rico Judiciary (Poder Judicial) · Guía informativa comunitaria: proceso judicial de desahucio · poderjudicial.pr · Accessed October 31, 2026
- 4. Puerto Rico Judiciary (Poder Judicial) · Representación legal durante un proceso judicial de desahucio · poderjudicial.pr · Accessed October 31, 2026
- 5. Puerto Rico Judiciary (Poder Judicial) · Representación por derecho propio: información de contacto de los Centros Pro Se · poderjudicial.pr · Accessed October 31, 2026