Tenancy or lease renewal in Chile
Renewing a tenancy agreement in Chile typically involves an extension or a new contract drafted between the landlord and the tenant. While Chilean law allows for tacit renewal if the tenant continues to occupy the property with the landlord's consent, formalizing the extension in writing is recommended to update terms and legal protections.
It is standard practice to initiate discussions regarding a lease extension at least 60 to 90 days before the existing contract expires, as this allows sufficient time for negotiations and the preparation of updated legal documentation.
Start 60 days ahead
Ensures time for both parties to review contract terms and schedule an appointment at a notary office, which may have variable availability.
The process
- 1Contact the property owner or agency to express intent to renew the lease.
- 2Negotiate any changes to the rental price, duration, or terms of the agreement.
- 3Draft the new lease contract or an 'anexo' (addendum) modifying the existing contract.
- 4Schedule an appointment at a local Notaría Pública to legalize the signatures of both parties.
- 5Sign the document in the presence of the Notary Public and pay the associated notarization fees.
What to bring
- Original identification documents (Cédula de Identidad) for all parties
- Copy of the current lease agreement
- Proof of ownership or legal title of the property (often requested by the notary)
- Updated property information (Rol de Avalúo)
Who handles it
Notarías Públicas (Public Notaries)
Notarization fees vary by notary office and the specific length/complexity of the contract; these costs are typically split between the landlord and the tenant, though this should be confirmed during negotiation.
What commonly goes wrong
- Failure to notarize the extension can make it difficult to prove the new terms in the event of a legal dispute.
- Ensure that the property tax status and relevant utility payments are current, as some landlords or notaries may request verification.
- Verify if the property has changed ownership, as the new owner must be a signatory to the renewed agreement.
Sources
This guide is based on one official source.
Other documents in Chile
Tenancy or lease renewal in other countries
Often renewed together
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