The 2026 housing rental law allows the rent and the deposit to be set in dollars, something the 2011 law did not allow. But not every contract is under the new law, and the currency changes the increase and the taxes.
First: which law governs your contract
The Ley del Régimen Especial de Arrendamiento de Inmuebles Destinados a Vivienda (Special Regime Law for Residential Leases; Gaceta Oficial No. 7.065 Extraordinario, August 7, 2026) applies only to housing leases agreed or formalized after it took effect (article 2). It excludes homes the tenant already occupied under a lease on that date, "mientras persista esa posesión" (for as long as that possession continues).
Those contracts are still governed by the Ley para la Regularización y Control de los Arrendamientos de Vivienda (Law for the Regularization and Control of Housing Leases; Gaceta Oficial No. 6.053 Extraordinario, November 12, 2011). Its article 54 says contracts "se celebrarán en moneda de curso legal nacional" (shall be entered into in national legal tender), with a penalty for the landlord who does not comply.
Renewing the contract, or signing a new one, with a tenant who already occupied the home before August 7, 2026 does not by itself move it to the 2026 law. The law does not expressly say what happens with those renewals (its article 13 mentions "prórroga o renovación" (extension or renewal) only for the rent adjustment). If this is your case, consult a lawyer.
What follows applies to contracts governed by the 2026 law.
Rent in dollars (article 14)
Unless otherwise agreed, the rent is paid monthly. Article 14 provides for the case where its amount is set "en moneda distinta al bolívar" (in a currency other than the bolívar). In that case, the tenant, "en mutuo acuerdo" (by mutual agreement) with the landlord, can pay by handing over the equivalent in bolívares, at the exchange rate published by the Banco Central de Venezuela (BCV, the central bank) for the date the payment is made.
In practice:
The contract must be in writing and state, at a minimum, the amount of the rent and the method of payment (article 8, numeral 4).
The general rule on foreign currency. Outside the rental law, Convenio Cambiario No. 1 (Exchange Agreement No. 1; Gaceta Oficial No. 6.405 Extraordinario, September 7, 2018), issued by the national executive and the BCV, restored free convertibility (article 2) and regulates the payment of obligations agreed in foreign currency (article 8): if the foreign currency is the unit of account, payment can be made in it or in bolívares at the rate on the payment date; if the will of the parties shows that payment is to be made in foreign currency, "así se efectuará" (that is how it shall be made). For housing rent, article 14 of the 2026 law provides for payment in bolívares "en mutuo acuerdo" (by mutual agreement). The 2026 law does not mention the Convenio; how they fit together is a matter for a lawyer.
Deposit in dollars (articles 16 and 18)
The parties can agree on a guarantee: an insurance policy against damage or a deposit, in both cases of up to three months' rent. How the deposit is paid is agreed, in cash or into a bank account (article 16).
More detail in the security deposit under the 2026 law.
Increases: the BCV cap only applies in bolívares (article 13)
The rent "se mantendrá durante toda la vigencia del contrato" (will remain in place for the entire term of the contract); on extension or renewal, the parties can agree on an adjustment. The cap only appears when the rent is "establecido en bolívares" (set in bolívares): the change in the consumer price index published by the BCV over the term of the contract.
| Rent in bolívares | Rent in dollars or another currency | |
|---|---|---|
| During the contract | Does not change | Does not change |
| On extension or renewal | Adjustment by mutual agreement | Adjustment by mutual agreement |
| Cap on the adjustment | Change in the BCV price index | The law sets no cap |
| How it is paid | In bolívares | In the foreign currency, or in bolívares at the BCV rate if both agree |
What counts is the currency in which the rent is set, not the currency of payment. Acceso a la Justicia also points out that the law does not say how to adjust a rent in foreign currency. See how much rent can go up under the 2026 law.
Taxes when paying and collecting in foreign currency
IGTF (tax on large financial transactions): it depends on how payment is made
The Ley de Impuesto a las Grandes Transacciones Financieras (Large Financial Transactions Tax Law; reform in Gaceta Oficial No. 6.687 Extraordinario, February 25, 2022) taxes at 3% (article 24) two types of payment in foreign currency (article 4):
In both cases the taxpayer is the one who pays: the tenant.
| How the tenant pays | IGTF under the text of the law |
|---|---|
| Dollars from an account at a Venezuelan bank | 3% (numeral 5); see below |
| Cash dollars to a landlord who is not a contribuyente especial | Does not fit numerals 5 or 6 |
| Cash dollars to a landlord who is a contribuyente especial | 3% (numeral 6) |
| Bolívares, at the BCV equivalent | Not in numerals 5 or 6 |
| Transfer between accounts outside Venezuela | Not "dentro del sistema bancario nacional"; no published position from the SENIAT (the national tax authority) |
Unresolved discrepancy. Decreto No. 4.924 (Gaceta Oficial No. 42.823, February 21, 2024) says in its article 5, numeral 3, that payments in foreign currency to those who are not sujetos pasivos especiales are not subject to the tax; the law has no such condition. It took effect on February 26, 2024 (article 8) and limits "el beneficio de exoneración" (the exemption benefit) to one year (article 7). Moore Venezuela (September 2025, secondary source) says that this decree and those of 2022 and 2023 ceased to have effect and that there is no non-subjection regime in force. We did not find a later one. So the text of the law points to 3%, but we could not confirm it with the SENIAT; ask your bank and your accountant.
ISLR (income tax): rent in dollars is declared in bolívares
Rent is part of gross income (Ley de Impuesto sobre la Renta, the Income Tax Law, article 16). That law's Reglamento (implementing regulations; Gaceta Oficial No. 5.662 Extraordinario, 2003) requires income obtained in foreign currency to be converted into bolívares "a tipo de cambio promedio del ejercicio fiscal en el país" (at the average exchange rate for the fiscal year in the country), following the BCV methodology applicable on the date the income becomes available (article 23, Parágrafo Segundo). The Law, in its article 16, expressly mentions that average for gross income from foreign sources.
We could not confirm how the SENIAT applies that rule today to rent from a Venezuelan source. Keep the date, amount and rate of each payment, and settle the conversion with your accountant. Deductions, tax rates and withholdings: ISLR on housing rent.
What to put in the contract
Give or ask for a receipt for each payment, showing the currency and the rate used.