Evictions in Costa Rica. ☎️ A legal overview.
Costa Rica’s legal framework for evictions balances the protection of property rights with the rights of tenants to secure and stable housing. For landlords, understanding the eviction process is crucial, as failure to adhere to proper procedures can delay the repossession of the property or result in legal setbacks. This guide covers standard and administrative judicial removals, including the streamlined Monitory Eviction Process for specific cases.
The Legal Basis for Evictions in Costa Rica:
Eviction processes in Costa Rica are regulated by multiple legal instruments, primarily the Ley General de Arrendamientos Urbanos y Suburbanos (General Law of Urban and Suburban Leases) and the Civil Procedural Code. Together, these laws provide a legal structure for reclaiming property, while protecting tenants’ rights under contractual and lawful terms.
Exclusions under the Costa Rican Lease Law:
Article 7 of the General Lease Law specifies properties and situations outside the standard lease protections and are not subject to judicial eviction processes. These exclusions include:
1. Hotels, pensions, and similar establishments.
2. Properties rented for tourism in designated zones, as classified by the Costa Rican Tourism Institute.
3. Temporary market stalls, festival spaces, and vehicle parking spaces (unless attached to a rental property).
4. Advertising spaces.
5. Gratuitous or temporary occupancies without formal leasing agreements.
For these cases, landlords or owners must pursue administrative evictions through the Ministry of Public Security.
The Administrative Eviction Process:
The “Reglamento para el Trámite de Desalojos Administrativos” (Administrative Eviction Regulation), regulated by the Ministry of Public Security, governs administrative evictions. The process is streamlined to handle unauthorized or temporary occupancies and involves the following steps:
1. Filing the Legal Request: The owner must submit a formal written request, including proof of property ownership, occupancy circumstances, and documentation confirming the property’s exempt status under Article 7.
2. Review by the Ministry: The Ministry examines the request and supporting documents upon filing. If complete and valid, a resolution is issued ordering eviction.
3. Police Involvement: The police manage the physical execution of the eviction, ensuring order and safety throughout.
The Judicial Eviction Process for Tenants with Lease Agreements:
For lease agreements falling under the Ley General de Arrendamientos Urbanos y Suburbanos, or any other laws, eviction is a judicial matter. The Civil Procedural Code outlines the process under Article 104. This law, now applies to all types of rental agreements, not just for housing and commercial activities. The Proceso Sumario de Desahucio (Summary Eviction Process), is the standard eviction process in Costa Rica. Key provisions include:
- Eligibility for Eviction: Eviction is permissible upon lease expiration, documented lease violations, or to cease landlord tolerance.
- Filing Requirements: The landlord must specify the grounds for eviction, current rent, property address, proof of ownership, and lease existence.
- Court Proceedings: The court issues a ruling, considering any defenses the tenant presents, with judgments that may include a grace period for vacating.
- Right of Retention: Landlords may claim unpaid rent and use tenant property within the premises as collateral until debts are paid.
The Monitory Eviction Process: The Fastest Legal Alternative.
Costa Rica’s Monitory Eviction Process, regulated by Articles 110 and 112 of the Civil Procedural Code, provides an expedited eviction route for specific situations, including unpaid rent or lease expiration. It is faster than standard judicial eviction and limits the tenant’s grounds for defense.
Key Aspects of the Monitory Eviction Process:
- Applicability: It applies to documented lease contracts, if the lessee has breached his rental payment obligations, or when the contract expires. It´s always necessary to let the lessee know, with a minimum of two months, prior to expiration, that the contract won´t be renewed. If the Lessor does not do this, the contract is automatically renewed for another full term.
- Streamlined Filing: Landlords need only present the lease, rental proof, and written notice of non-renewal for expired leases.
- Limited Tenant Defense: Tenants may only contest on the grounds of documented payment, expiration defense, or contract non-existence.
- Immediate Resolution: Upon acceptance, the court orders eviction and can seize tenant assets for unpaid obligations.
Final Considerations for Landlords and Tenants:
While Costa Rican law offers landlords various options for eviction, each process has unique requirements and timelines. Standard judicial evictions provide a structured, rights-protective process, whereas administrative evictions swiftly handle cases outside typical rental laws. The Monitory Eviction Process offers an expedited solution for specific lease disputes, allowing landlords to regain property quickly when tenants default on payments.
For landlords, it is advisable to consult a legal expert to determine the appropriate eviction route and ensure all procedural steps are followed. Failure to comply with these procedures can result in costly delays and legal challenges. At CPG LEGAL, we aim to ensure that your rights are respected.
Dr. Christopher Pirie Gil
Attorney at Law – CPG LEGAL.
