Does a general power of attorney work to rent out my property?

A general power of attorney only covers acts of administration (article 1.688 of the Código Civil), and someone with simple administration powers cannot lease for more than two years (article 1.582). The code does not say whether that rule reaches the attorney-in-fact, so for longer terms, settlements or receiving money in court, the power of attorney should say so expressly.

If the rent is in dollars, can the tenant pay me in bolívares?

Only if you both agree. Article 14 of the 2026 law allows the tenant to pay the equivalent in bolívares at the BCV exchange rate on the date of payment, by mutual agreement with the landlord.

How much does a property management company charge?

There is no official fee: neither the 2026 law nor the Código Civil sets fees, and a mandate is free unless otherwise agreed (article 1.686). The fee is agreed in writing; as a point of practice, a broker quoted by Banca y Negocios in 2023 cited one month of rent from each party for closing a rental.

What tax do I pay on rent if I live abroad?

If you are a non-resident, Venezuelan-source income pays 34% ISLR (article 50, parágrafo único) and you must file whatever the amount (article 79). A non-resident is someone who does not spend more than 183 days in Venezuela in the year and is not domiciled there (article 51).

Does my tenant have to withhold ISLR from me?

Only if the tenant is a legal entity or a comunidad, or pays you through a management company: article 9, numeral 12, of Decreto No. 1.808 requires them to withhold 34% from non-residents and 3% minus a sustraendo from residents. That numeral does not require an individual tenant to withhold. Confirm with an accountant.

Renting out property in Venezuela from abroad

Q: Does this law apply to seasonal or vacation rentals?

No. Article 2, numeral 5, of the 2026 law excludes properties intended for vacation or recreational seasons and tourist lodging.

This guide summarizes, for owners renting out from abroad, the rules in force as of October 27, 2026 for new leases, which are governed by the Ley del Régimen Especial de Arrendamiento de Inmuebles Destinados a Vivienda (Special Regime for Residential Leases Law; Gaceta Oficial No. 7.065 Extraordinario, the Official Gazette, August 7, 2026). If your tenant already occupied the home before that date, the 2011 law and the decree against evictions still govern (article 2). Renewing or signing a new contract with that tenant is not enough, on its own, to move to the 2026 law; the law does not say expressly what happens when those leases are renewed, so consult a lawyer.

The law does not cover vacation rentals: its article 2, numeral 5, excludes properties intended for vacation or recreational seasons and tourist lodging.

The power of attorney: what powers it must grant

The power of attorney is a mandate (mandato, article 1.684 of the Código Civil, the Civil Code). Three rules in that code set how much detail it needs:

A mandate drawn up in general terms only covers acts of administration; to settle (transigir), dispose of property or perform any act that goes beyond ordinary administration, it must be express (article 1.688).

Someone with simple administration powers cannot lease for more than two years, unless special provisions say otherwise (article 1.582).

The attorney-in-fact cannot exceed the limits set in the mandate (article 1.689).

The code does not say whether the rule in article 1.582 reaches an attorney-in-fact with a general power of attorney; applying it is a matter of interpretation. If the lease may run longer than two years, or you want the attorney-in-fact to negotiate agreements, the power of attorney should say so expressly.

To go to court, the Código de Procedimiento Civil (Civil Procedure Code) adds:

A power of attorney for litigation must be granted in public or authenticated form (article 151).

Accepting the claim, withdrawing, settling, submitting to arbitration, receiving sums of money and disposing of the right in dispute, among other acts, require express authority (article 154).

Only practicing lawyers can exercise powers of attorney in court (article 166). If your attorney-in-fact is not a lawyer, the power of attorney should authorize them to substitute a lawyer in their place (article 159 regulates substitution).

It helps to list each power: leasing the property (with its registry details) for the term you set; agreeing on rent and currency; collecting rent, issuing receipts and returning the deposit; suing for eviction or for payment; settling and receiving money in court; and substituting a lawyer. To draft it, consult a Venezuelan lawyer. You can revoke the power of attorney whenever you want (article 1.706 of the Código Civil), and the mandate ends, among other causes, on the death of the principal or of the attorney-in-fact (article 1.704).

Where to sign it. Article 157 of the Código de Procedimiento Civil allows it to be granted before an agent of the Republic's foreign service (a consulate with notarial functions). If you sign it before a foreign notary, that article requires it to be legalized; between countries that are parties to the Hague Convention, the apostille replaces legalization, and Venezuela has been a party since March 16, 1999 (HCCH). If it is in another language, an intérprete público (official sworn translator) in Venezuela translates it.

The contract: in writing and with minimum content

Article 8 requires written form and, at a minimum:

Name and identification of the parties and the capacity in which they act (for example, attorney-in-fact for the owner).

Identification of the property.

Duration.

Amount of the rent and how it is paid.

Related and additional services, items or uses.

Who pays the utilities.

Notarizing it is optional (article 9). See whether the lease must be notarized.

For owners living abroad, two clauses help:

Email for notices. The parties can designate an email address, provided there is reliable proof of sending and receipt (article 21).

Term. If none is agreed, it is one year; if no one asks to end it when it expires, it continues on the same terms (article 11).

Rent in foreign currency, deposit and collecting from abroad

Currency. Rent can be set in a currency other than the bolívar. The tenant, by mutual agreement with the landlord, may pay the equivalent in bolívares at the exchange rate of the Banco Central de Venezuela (BCV, the central bank) on the date of payment (article 14).

Adjustments. The rent stays the same during the contract. An adjustment may be agreed on an extension or renewal; if the rent is in bolívares, it cannot exceed the change in the BCV consumer price index over that period (article 13).

Deposit. Up to three months of rent, or an insurance policy for that amount (article 16), returned within 15 calendar days after the contract ends (article 18).

Collecting abroad. The law leaves the payment method to the parties (article 8) and does not require payment in Venezuela. Convenio Cambiario No. 1 (Exchange Agreement No. 1; Gaceta Oficial No. 6.405 Extraordinario, 2018) restored free convertibility and ended exchange restrictions (article 2). Its article 32 allows adult individuals residing in the national territory, and legal entities, whether domiciled or not, to hold foreign currency funds at the country's universal and microfinance banks. It says nothing about non-resident individuals.

State in the contract the account, its holder and the currency, and keep every receipt. If the attorney-in-fact or the property management company (administradora) collects for you, they must account to you and hand over everything received (article 1.694 of the Código Civil).

Property management company: what it charges

A management company acts under a mandate and needs the same power of attorney.

There is no official fee. Neither the 2026 law nor the Código Civil sets fees. A mandate is free unless otherwise agreed (article 1.686), and the principal pays expenses and the promised salary (article 1.699). The fee is agreed in writing.

In practice, according to a broker quoted by Banca y Negocios in March 2023, agents' fee for closing a rental is usually one month of rent, paid by both landlord and tenant. We found no reliable source on the monthly percentage for managing a property.

For ISLR (income tax) purposes, deductible administration expenses cannot exceed 10% of gross rental income (article 27, numeral 11 and parágrafo cuarto, of the Ley de Impuesto sobre la Renta, the Income Tax Law). It is a cap on the deduction, not on fees.

ISLR on rent

Rent from a property located in Venezuela is Venezuelan-source income (article 6, literal g, of the Ley de Impuesto sobre la Renta, Gaceta Oficial No. 6.210 Extraordinario, 2015) and is taxed here even if you live abroad (article 1). A non-resident is someone who does not spend more than 183 days of the calendar year in the country and is not domiciled under the Código Orgánico Tributario (Organic Tax Code) (article 51).

Resident: rates from 6% to 34%, expressed in unidades tributarias (tax units) (article 50).

Non-resident: 34% (article 50, parágrafo único), and you file a return whatever the amount (article 79).

Withholding. Until the SENIAT (the national tax authority) issues new providencias (administrative rulings), Decreto No. 1.808 of 1997 still applies (article 196 of the Law). Its article 9, numeral 12, requires withholding by management companies that pay the owner and by legal entities or comunidades (co-ownership groups) that pay the owner directly: 3% minus a sustraendo (fixed offset) if you are a resident, 34% if you are not. That numeral does not require an individual tenant to withhold. If the amount withheld exceeds the tax for the year, the excess is credited on future returns, without prejudice to a refund (article 56).

The details (deductible expenses, desgravámenes or personal deductions, deadlines) are in how ISLR is paid on rent. We could not review the SENIAT portal: confirm with an accountant. The country where you live may also tax this income, and the benefits of a double taxation treaty require proof of your residence there with a translated and legalized certificate (article 3).

If the tenant stops paying

The landlord can sue or request early termination if the tenant fails to pay rent for three consecutive periods or utilities for three consecutive months, among other grounds (article 23). Conciliation or mediation, arbitration and the tribunales de municipio (municipal courts), through the juicio breve (summary proceeding), hear these cases (article 25). Only a municipal court or an arbitral tribunal orders an eviction (article 27): changing the locks or cutting off utilities is not a legal route.

The law assigns the deposit to the upkeep of the property and to overdue utilities (articles 16 and 18); it does not mention it for unpaid rent. See how to recover a rented home.

Clarification, 27 October 2026: an earlier version said the 2026 law does not mention renewals. Its article 13 does mention them, for rent adjustments; what it does not say is what happens when a lease with a tenant already in the home is renewed.

How to rent out your property in Venezuela if you live abroad