Navigating Eviction in Ecuador: An Insider's Guide to Your Rights, Responsibilities, and the Legal Path Forward

As an Expat Facilitator here in Cuenca, I’ve spent countless hours guiding clients through the maze-like corridors of the Complejo Judicial and sitting in the waiting rooms of local Notarías. The dream of settling into a comfortable rental can quickly turn into a nightmare when landlord-tenant relationships sour. Dealing with legal matters in a foreign language, governed by unfamiliar bureaucratic processes, feels overwhelming. It’s not just about the law; it’s about knowing the unspoken rules and avoiding the administrative traps.

This guide demystifies the eviction process in Ecuador from the perspective of someone who manages these cases on the ground. It is an authoritative, step-by-step manual designed to equip both landlords and tenants with the specific knowledge needed to navigate this challenging situation with clarity, protecting your rights and your peace of mind.

Understanding the Legal Landscape: The Foundation of Landlord and Tenant Law

Ecuadorian law aims to balance property rights with tenant protections, primarily through the Código Civil (Civil Code) and the Ley de Inquilinato (Tenancy Law). These aren't just suggestions; they are rigid frameworks that judges follow to the letter.

For Landlords: Justifiable Grounds for Eviction

You cannot evict a tenant on a whim. The law requires specific, provable cause. The most common grounds for a Juicio Sumario de Desahucio (Summary Eviction Proceeding) include:

• Non-payment of Rent: This is the most frequent reason. Critically, the law typically requires a tenant to be in arrears for two or more consecutive months (dos o más pensiones de arrendamiento) before you can initiate proceedings. One late payment is not sufficient grounds.
• Breach of Contract: Violations must be material and explicitly forbidden in the lease agreement. Common examples include unauthorized subletting, running a commercial business from a residential property, or causing repeated disturbances.
• Significant Property Damage: This goes far beyond normal wear and tear. You will need compelling evidence, such as photos, videos, and ideally a formal report from a qualified professional.
• End of Lease Term: You can choose not to renew a lease, but you must provide the legally required notice, typically 90 days before the contract's expiration, via a formal process.
• Urgent Need for Occupancy: A landlord may reclaim the property for personal or immediate family use, but this is a complex legal argument that requires substantial proof and is scrutinized heavily by judges.

For Tenants: Your Rights and Protections

Tenants are well-protected under Ecuadorian law. Understanding these rights is your first line of defense:

• Right to Formal Notice: You must receive a legally valid, written notice before any court action can begin. An email, text message, or verbal warning holds no legal weight in an eviction case.
• Right to Due Process: A landlord cannot change the locks, shut off your utilities, or forcibly remove you. Only a judge can order an eviction, and only after a formal court process where you have the right to present a defense.
• Protection Against Retaliation: A landlord cannot legally evict you for requesting essential repairs or reporting uninhabitable living conditions.
• Habitability Guarantee: The landlord is obligated to maintain the property in a safe and habitable state. Failure to do so can sometimes be used as a defense or a counterclaim.
• Return of the Security Deposit (Garantía): By law, the security deposit is typically limited to two months' rent. Landlords can only deduct for documented damages beyond normal wear and tear. Hyper-Specific Detail #1: A common landlord error is failing to prove damages adequately. Simply showing photos is often not enough if contested. To bulletproof your claim, you need a constatación notarial—a formal report where a notary public officially documents the state of the property before and after the tenancy. Without this, a judge will likely order a full refund of the garantía.

The Eviction Process: A Step-by-Step Guide for Landlords

Deviating from this process will result in delays and potential dismissal of your case. There are no shortcuts.

Step 1: Meticulous Documentation Review

Before you even think of sending a notice, gather your file. The court will demand it.

• The signed lease agreement. Hyper-Specific Detail #2: If your contract is in English or is an informal template from the internet, you have a major problem. For a court to accept it, the lease must be in Spanish. If it's not a formal, notarized contract, the judge may first require a preliminary hearing simply to establish the existence of a landlord-tenant relationship, adding months and significant legal fees to the process.
• Bank statements or receipts proving non-payment.
• Copies of your cédula or passport and the deed (escritura) to your property.
• Proof of your latest annual property tax payment (pago del impuesto predial). Hyper-Specific Detail #3: This is a classic bureaucratic "gotcha." Many judges in Cuenca will not proceed with a landlord's complaint if the landlord is not current on their own municipal obligations. You must have this document ready for your attorney.

Step 2: The Formal Written Notice (Desahucio)

This is the most critical step and where most self-guided evictions fail. The notice must be delivered in a legally provable manner.

• Content of the Notice: It must clearly state the names of all parties, the property address, the exact reason for the notice (e.g., "falta de pago de los cánones de arrendamiento de los meses de [Month] y [Month]"), the amount owed, and the deadline to comply or vacate.
• Delivery is Everything:
  • The Gold Standard: Use a Notaría (Notary Public). For a fee of approximately $50 to $80, a notary's representative will personally serve the notice on the tenant. This official act, called a diligencia notarial, is irrefutable proof of delivery in court. This is the method I insist on for my clients.
  • Alternative: Personal delivery with a witness who signs a declaration, and the tenant signing a receipt. This is less secure, as tenants can refuse to sign.

Step 3: Filing the Lawsuit (Demanda de Desahucio)

If the tenant fails to comply by the deadline in your formal notice, your attorney will file a lawsuit with the appropriate Unidad Judicial Civil (Civil Judicial Unit). The court clerk will review your submitted documents with a fine-toothed comb. Any missing paperwork, like the property tax receipt or proof of notice delivery, will get your filing rejected on the spot.

Once accepted, the court serves the tenant, who then has a specific timeframe to respond. The entire process, even for a "summary" proceeding, can take several months, and significantly longer if contested.

Step 4: Judicial Order and Enforcement

If the judge rules in your favor, they will issue an eviction order with a final date for the tenant to leave. If the tenant still refuses, your attorney must file another motion requesting enforcement. This involves coordinating with the court and the Policía Nacional to have officers present to enforce the removal. This is not something a landlord can do on their own.

What to Do If You're a Tenant Facing Eviction

Do not panic, but you must act immediately.

1. Analyze the Notice: Read the document carefully. Is it from a Notary? Does it state a clear, legal reason? Check the dates and deadlines.
2. Contact an Attorney Immediately: This is non-negotiable. An Ecuadorian lawyer specializing in tenancy law is your most important asset. They can immediately spot procedural errors by the landlord that could lead to a dismissal of the case. Hyper-Specific Detail #4: A common defense strategy is to challenge the legality of the lease agreement itself, especially if the landlord included illegal clauses (e.g., charging excessive late fees, which are regulated by law) or failed to register the lease if required for their property type.
3. NEVER Ignore a Court Summons: Failing to respond to an official court summons within the legal timeframe (typically 15 days) will result in a default judgment. You will lose automatically, regardless of the merits of your case.
4. Gather Your Evidence: Collect bank receipts showing rent payments, photos of the property's condition (especially if you claim it's uninhabitable), and copies of all written communication with your landlord.

⚠️ Facilitator's Warning: The Critical Pitfalls You Must Avoid

My experience has shown that cases are won or lost on procedure, not just facts.

• For Landlords: The fatal error is improper service of the initial notice. An email, a WhatsApp message, or a letter slipped under the door is legally meaningless. Without the ironclad proof of a diligencia notarial, you risk having your entire case thrown out after months of waiting, forcing you to start over from scratch.
• For Tenants: The biggest mistake is inaction. The Ecuadorian legal system is unforgiving of missed deadlines. The moment you receive a formal notice or a court summons, the clock is ticking. Believing the problem will go away on its own is the fastest path to a court-ordered eviction.

Navigating a landlord-tenant dispute in Ecuador requires more than just a translation of the law; it requires an understanding of the local legal culture and its bureaucratic demands. My role is to bridge that gap, ensuring you proceed with correct information and a clear strategy.

Eviction is a stressful, formal process, but it is entirely manageable when you follow the correct steps and have expert guidance. Whether you are a landlord needing to reclaim your property legally or a tenant needing to defend your rights, a confidential consultation can provide the clarity and actionable steps you need.

Ready to handle your property matter with confidence? Schedule your confidential consultation today.