Since August 7, 2026 two housing-lease regimes have coexisted, and the answer depends on which one governs your contract. For a specific case, consult a lawyer.
First: which law governs your contract
The Ley del Régimen Especial de Arrendamiento de Inmuebles Destinados a Vivienda (Special Regime Law for Residential Leases) was published in Gaceta Oficial No. 7.065 Extraordinario of August 7, 2026 and took effect on publication (Disposición Final Única, its sole final provision). Under its article 2:
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. That law does not expressly say what happens when those contracts are renewed (its article 13 mentions "prórroga o renovación" (extension or renewal) only for the rent adjustment): consult a lawyer.
2026 law: the rent does not go up during the contract
The parties agree on the amount of the rent, "sin más limitaciones que las establecidas en esta Ley" (with no limitations other than those set in this Law) (article 12). The limitation is in article 13, which contains three rules:
The law does not provide for automatic or mid-contract increases, and the clauses apply "siempre que no contradigan" (provided they do not contradict) the law (article 6). If your contract includes increases during its term, consult a lawyer.
The contract must be in writing and state the rent and the method of payment (article 8), so it is advisable to put the adjustment in writing with the new amount. See whether the contract has to be notarized.
Rent in dollars or another currency
Article 14 allows a rent 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 the equivalent in bolívares at the exchange rate published by the BCV (the central bank) for the payment date. Unless otherwise agreed, the rent is paid monthly.
For rent in foreign currency, article 13 sets no cap at all: the BCV index limit refers only to rent "establecido en bolívares" (set in bolívares). The first two rules do apply to all rent, in any currency: it does not change during the contract and the adjustment is agreed between both parties on extension or renewal. The analysis by the NGO Acceso a la Justicia agrees: the law does not say how to adjust a rent in foreign currency.
If a rent in foreign currency is paid in bolívares, the equivalent of each payment varies with the BCV rate of the day, even if the rent in foreign currency stays the same.
If the parties do not agree on the increase
The law does not say what happens if there is no agreement on the adjustment: it does not set a default increase or task any body with determining it. What it does establish:
The law sets no number of days of notice, and it allows notice through an agreed email address if there is reliable proof of sending and receipt (article 21). If the tenant stays after expiry, see how to recover a rented home.
The rent is not the only amount at stake: unless otherwise agreed, condominium fees and the taxes applicable to urban property are the landlord's responsibility (article 19). See which costs each party pays.
Where to find the BCV index and how to calculate the cap
The BCV publishes the Índice Nacional de Precios al Consumidor (INPC, the national consumer price index) on its consumer price statistics page. The monthly series "INPC desde 2008" (INPC since 2008), with base December 2007 = 100, gives each month's index and its monthly change. As of October 27, 2026, the latest month published in that table was September 2026.
To calculate the change over a period:
Example with made-up figures: if the index went from 200 to 260, the change is 30%, and a rent of Bs. 10,000 could rise to at most Bs. 13,000, if both parties accept it. Do not add up the monthly changes: they compound.
The law does not specify which months are used or which index to use (the BCV also publishes one for the Área Metropolitana de Caracas, the Caracas metropolitan area). It is advisable for the contract or the renewal agreement to say so.
Contracts still under the 2011 law
If the tenant already occupied the home before August 7, 2026, the Ley para la Regularización y Control de los Arrendamientos de Vivienda applies (Gaceta Oficial No. 6.053 Extraordinario, November 12, 2011). Under it, the rent is not freely agreed:
| 2026 law | 2011 law | |
|---|---|---|
| Who sets the rent | The parties (art. 12) | SUNAVI (art. 66) |
| When it can change | Only on extension or renewal, by mutual agreement (art. 13) | SUNAVI review, among other cases one year after each setting (art. 83) |
| Cap | Change in the BCV index if the rent is in bolívares; no cap in foreign currency (art. 13) | Formula of 3% to 5% a year on the value (arts. 77 and 78) |
| Currency | Bolívares or foreign currency (art. 14) | Legal tender (art. 54) |