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Leasing Law: know the obligations of the landlord and tenant in Peru
Wednesday, November 4, 2015 - 08:42

Deliver the property to the Tenant, on the agreed date and condition, upon presentation of proof of the deposit of the guarantee.

The Ministry of Housing, Construction and Sanitation published through the official newspaper El Peruano, the regulations of Legislative Decree No. 1177, which stipulate the obligations of the landlord and tenant established in the lease contract for property intended for housing.
Here we explain the obligations of both parties

Lessor Obligations

1° Deliver the property to the Tenant, on the agreed date and condition, upon presentation of proof of the deposit of the guarantee.

2° Allow the Tenant to use the property during the entire term of the contract.

3° Pay on behalf of the Lessee the complementary concepts when it has been agreed with the Lessee and provided that the latter has deposited them in the Credit Account.

4° Reimburse the urgent repairs carried out by the Lessee.

5° Keep the credit account enabled with the characteristics and for the purposes indicated in the Forms.

6° Communicate to the Tenant, by means of a notarial letter, any change regarding the Credit Account, no less than three calendar days in advance of the expiration of the next monthly rent, which takes effect on the date of notification of the aforementioned notarial letter. .

In case of change of the Credit Account, the new account must be established in an SAI located in the same province as the original Credit Account, in accordance with the Legislative Decree.

7° Receive the property on the expiration date of the contract, signing the Reception Certificate, which indicates the state in which the property is located.

8° Return the total amount of the guarantee within a maximum period of three business days after signing the Receipt Certificate indicated in the preceding paragraph, provided that the property is maintained in the state in which it was delivered, except for deterioration due to its ordinary use. .

In the case of the guarantee, if there is a remainder, it is returned to the Lessee within a maximum period of five business days after signing the aforementioned Minutes.

9° Inform the RAV about late payment of rent and complementary concepts of the leased property.

Lessee Obligations

1° Take diligent care of the property and use it exclusively as a home.

2° Pay the guarantee at the beginning of the contract, the rent, and, if applicable, the complementary concepts, in the agreed term(s) and into the credit account indicated by the Lessor.

3° Pay for the public services that were provided for the benefit of the property, which have the status of complementary concepts.

4° Give immediate notice to the Landlord regarding any usurpation, disturbance or imposition of an easement that is attempted against the property.

5° Allow the Landlord to inspect the property for justified cause, prior notification made seven calendar days in advance.

6° Return the property on the expiration date of the contract, without any deterioration other than that of its ordinary use, signing the Reception Certificate, which records the state in which the property is located.

7° Carry out, at your own expense and expense, the ordinary conservation and maintenance expenses that are necessary to preserve the property in the same state in which it was received.

8° Give immediate notice of the repairs that must be made, under responsibility for any resulting damages. If these are repairs that cannot be postponed, the Tenant must carry them out directly with the right to reimbursement, provided that he notifies the Landlord at the same time.

Payment of repairs on behalf of the Tenant cannot be attributed or offset against the payment of rent or complementary items.

9° Do not introduce internal and/or external improvements, changes or alterations to the property, unless you have the prior written consent of the Landlord, it being agreed that those that are introduced are for the benefit of the Landlord without the Landlord's obligation to pay. its value.

10° Tolerate repairs that cannot be deferred until the end of the contract, even when they deprive the use of a part of it. When the Tenant is prevented from using a part of the property to repair the property, he has the right to terminate the contract or to reduce the proportional rent at the time and to the part that he does not use, unless the reason for the repair is been caused by the Lessee.

11° Be responsible for the use and damage that may be caused to the property from the moment you receive it according to article 1681° of the Civil Code.

12° Do not sublease the leased property, unless the parties expressly agree to do so in the contract. If subletting is allowed, said contract is not within the scope of the Legislative Decree.

Autores

Agencia Peruana de Noticias