Navigating Property Maintenance in Your Cuenca Rental: Your Rights and Responsibilities as an Expat Tenant

Understanding Your Foundation: The Contrato de Arrendamiento Notariado

Your most critical tool is your lease agreement. In Ecuador, a contrato de arrendamiento notariado (notarized lease agreement) is your shield. This document, officially registered with a notary, provides an undisputed legal foundation for any action you might need to take. Always insist on a notarized lease before handing over your deposit.

Your Rights Under the Law: What Landlords Must Address

Your rights are primarily protected by Ecuador's Ley de Inquilinato (Tenant Law). Your landlord is obligated to provide and maintain a property that is safe, habitable, and functional.

Key areas your landlord is legally responsible for include:

• Structural Integrity & Habitability: This covers major issues like roof leaks, significant humedad (dampness/mold), crumbling walls, or failing foundations.
• Essential Services (Servicios Básicos): Your landlord must ensure the proper functioning of plumbing (hot and cold water), sanitation (toilets, drains), and electrical systems. A faulty calefón (water heater) is not a minor inconvenience; it's a failure to provide a basic service.
• Included Appliances: If your lease specifies that appliances like a refrigerator, stove, or washing machine are included, the landlord is responsible for their repair or replacement due to normal wear and tear.
• Pest Infestations: A significant infestation of termites, cockroaches, or rodents that compromises health and safety is the landlord's responsibility to eradicate.

This does not cover cosmetic issues or damage you caused.

Your Responsibilities as a Tenant: The Power of Proactivity

• Care for the Property: Maintain the home in a clean and reasonable state.
• Timely Notification: Inform your landlord of issues the moment they arise. Delaying can be interpreted as negligence on your part.
• Allowing Access for Repairs: Provide reasonable access for your landlord or their designated repair personnel to fix the problem, with appropriate advance notice.
• Pay Your Rent on Time: Never stop paying rent as a form of protest without a court order.

The Step-by-Step Facilitator's Process for Resolution

When a maintenance problem arises, follow this structured process:

Step 1: Immediate, Documented Notification

Follow up a phone call with immediate written notification.

• Method: An email or WhatsApp message creates a timestamped record.
• Content: Be precise. Include the date, a clear description of the issue, and the location. Attach photos.

Step 2: The Paper Trail – Your Most Powerful Weapon

Build a legal file with comprehensive documentation.

• Photographs and Videos: Take clear, dated photos and videos of the issue as it develops.
• Communication Log: Save every email and message. For phone calls, note the date, time, and a summary of the conversation.

Step 3: Formal Escalation – The Comunicación Notarial

If your landlord is unresponsive after a few days, escalate with a comunicación notarial.

• What it is: A formal letter drafted by your lawyer or facilitator and delivered by a notary, officially putting your landlord on notice.
• Why it works: It signals you are serious and prepared to take further action.
• Cost: Typically $20 to $30.

Step 4: The Legal Path – The Juzgado de Inquilinato

If the notarized letter fails, proceed to the Juzgado de Inquilinato (Tenant Court).

1. File a Demanda (Formal Complaint): With the help of an Ecuadorian lawyer, file a formal complaint. Your documentation file is the core of this complaint.
2. Request a Constatación: Your lawyer will ask the judge to order an official inspection of the property by a court representative (perito). This expert will create a legally binding report on the property's condition.
3. Court-Ordered Action: A judge can order the landlord to perform repairs by a specific deadline. If the landlord refuses, the judge can authorize you to hire someone to perform the repair and legally deduct the cost from future rent payments.

⚠️ Facilitator's Warning: The Legal Trap That Will Sink Your Case

Withholding rent is a legal trap.

• The Concept of Mora: Failing to pay rent on time puts you in mora (default), and you lose nearly all your legal standing as a tenant. Your landlord can initiate eviction proceedings.
• The Unwinnable Argument: You cannot win in court by saying, "I stopped paying rent because the landlord didn't fix X." The court will only see that you have breached the contract by not paying.

NEVER withhold rent unless you have a specific court order from a judge at the Juzgado de Inquilinato authorizing you to do so. Pay your rent on time, every time.

Conclusion: Be Empowered, Not Overwhelmed

By understanding the power of a notarized lease, following a methodical documentation process, and knowing the correct legal channels, you can address any maintenance challenge from a position of strength.

Don't let a maintenance issue disrupt your life in Cuenca. Schedule a direct consultation with me today, and let's create a clear strategy to resolve your situation effectively.