Tenant Rights in Ecuador: An Insider's Guide to Renting with Confidence in Cuenca

The Ley de Inquilinato (Law of Tenancy) is Ecuador's primary rental law. It governs the relationship between a landlord (arrendador) and a tenant (arrendatario).

The Rental Contract: Your Legal Shield

The contrato de arrendamiento (rental contract) is the single most important document. Verbal agreements are legally worthless.

Hyper-Specific Detail #1: Notarization is Non-Negotiable

To make a contract legally binding and enforceable, it must be notarized (notarizado). This transforms the contract into a public document admissible in a Tenancy Court (Juzgado de Inquilinato).

What Your Notarized Contract Must Include:

1. Parties Involved: Full legal names and identification numbers.
2. Property Description: Exact address and the property's cadastral code (clave catastral).
3. Duration (Plazo): Standard residential lease term is two years.
4. Rent Amount (Canon de Arrendamiento): The exact monthly rent in USD.
5. Security Deposit (Garantía): Typically one month's rent, used for specific damages or unpaid utility bills.
6. Utilities and Building Fees (Planillas y Alícuotas): Explicitly state who pays for electricity (luz), water (agua), internet, and building/condo fees (alícuotas).
7. Inventory (Inventario): For furnished properties, an itemized and photo-documented inventory must be attached as an anexo (addendum) and signed by both parties.

The Critical Issue of Utilities (Planillas)

Hyper-Specific Detail #2: The Name on the Utility Bill Matters

A recent planilla in your name is needed as proof of address (prueba de domicilio). Negotiate with the landlord to have the electric bill (planilla de luz) transferred to your name. If they refuse, a clause added to the notarized lease stating you reside there and are responsible for the bills may be accepted.

Rent Payment and Receipts

Always get a recibo de pago (payment receipt) or a factura if the landlord is registered with the SRI (Ecuador's tax authority). Receipts must include the amount, date, rental period, property address, and landlord's signature and cédula number. Bank transfer records are also excellent proof.

Your Security Deposit: Getting It Back

1. Pre-Move-In Inspection: Document the property's condition with time-stamped photos and video.
2. Sign an Acta de Entrega-Recepción: A "Delivery and Receipt Agreement" signed by both parties, describing the property's condition upon move-in and the security deposit amount.
3. Final Inspection: Conduct a joint inspection upon moving out, comparing the condition to your initial documentation.

The landlord has a specific period (30-60 days) to return the deposit, minus documented repair costs beyond normal wear and tear.

Eviction Procedures: Know Your Rights

Eviction (desahucio) is a formal legal process requiring a judge's order.

Legal Grounds for Eviction Include:

• Non-payment of two or more months' rent.
• Using the property for illicit purposes.
• Causing significant, intentional damage.
• Unauthorized subletting.

Repairs and Maintenance

The landlord is responsible for major structural and habitability issues. The tenant is responsible for minor upkeep and damage caused by negligence.

Action Plan for Repairs:

1. Notify the landlord immediately with a record of communication.
2. Be specific and include photos.
3. Allow a reasonable time for repair. For emergencies with an unresponsive landlord, you may have grounds to hire a professional and deduct costs from rent, but legal advice and irrefutable proof are essential.

⚠️ Facilitator's Warning: The Three Costliest Expat Mistakes

Hyper-Specific Detail #3: The Unwritten "Gringo Price" is Real

Without a clear, notarized contract, landlords may attempt to arbitrarily raise rent, invent fees, or withhold deposits.

Mistake #1: Signing a "Simple" Spanish Contract Without Professional Review. Poorly-worded clauses can lead to significant financial loss.

Mistake #2: The Handshake Deal. This offers zero legal protection and leaves you entirely at the landlord's mercy.

Mistake #3: Paying a Deposit in Cash Without a Signed Acta. Never hand over cash without a receipt or an Acta de Entrega-Recepción stating the deposit amount.

Seeking Assistance

For disputes, contact an experienced facilitator or a lawyer specializing in tenancy law (derecho de inquilinato). The Defensoría del Pueblo (Public Defender's Office) can also offer guidance.