Tenancy or lease renewal in Peru
Renewing a tenancy or lease agreement in Peru often involves reviewing the terms of the original contract regarding automatic renewals or negotiating new terms with the other party. Peruvian law provides mechanisms for tacit renewal if parties continue the lease without a new agreement.
It is generally advisable for parties to discuss the renewal or termination of a lease agreement at least 60-90 days before its expiration date. This allows sufficient time to negotiate new terms, arrange for a new contract, or plan for moving, avoiding last-minute complications or unintended automatic renewals.
Start 60 days ahead
To allow ample time for negotiation, agreement on new terms, or seeking alternative arrangements for both parties before the existing contract expires.
The process
- 1Review the existing tenancy or lease agreement for clauses related to renewal, notice periods, and terms for expiration.
- 2Initiate communication with the other party (landlord or tenant) to express intent regarding renewal or termination of the lease.
- 3If both parties agree to renew, negotiate new terms if applicable (e.g., rent, duration, specific conditions).
- 4Draft and sign a new lease agreement or an addendum to the existing one, detailing the renewed terms and duration.
- 5If the lease expires and parties continue to operate under the same conditions without a new explicit agreement, it may be tacitly renewed under Peruvian law for a period.
- 6Ensure any new agreement or renewal is documented and, if desired, registered at a notary public or the Public Registries (SUNARP) for greater legal certainty, although this is not always mandatory for lease validity.
What to bring
- Original tenancy or lease agreement
- Identification documents of all parties involved (DNI for Peruvians, passport or Carné de Extranjería for foreigners)
Who handles it
Ministerio de Vivienda, Construcción y Saneamiento (Ministry of Housing, Construction and Sanitation)
The cost for drawing up a new contract or addendum can vary, especially if legal or notarial services are engaged. These fees should be confirmed with the respective service providers. There are no mandatory government fees for a simple renewal, unless parties opt for notarization or registration.
What commonly goes wrong
- Carefully check the original contract's clauses regarding automatic renewal or required notice for non-renewal, as these dictate how the lease ends or continues.
- Ensure all new terms, especially any changes to rent or duration, are clearly documented in writing and signed by all parties to avoid future disputes.
- Be aware that if a fixed-term lease expires and the tenant continues occupying the property with the landlord's consent, Peruvian law may consider it tacitly renewed, often for the same initial term or as a month-to-month agreement depending on specific circumstances and legal interpretation.
- Consider notarizing the new agreement or addendum, which provides additional legal certainty and helps in potential eviction processes, though it's not strictly required for the contract's validity.
Sources
This guide is based on one official source.
Other documents in Peru
Tenancy or lease renewal in other countries
Often renewed together
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