The answer depends on when the contract is signed. Since August 7, 2026, the Ley del Régimen Especial de Arrendamiento de Inmuebles Destinados a Vivienda has applied. It was published in Gaceta Oficial N.º 7.065 Extraordinario and took effect that same day. Under its article 2, it applies only to housing rentals agreed or formalized after it took effect.
Rentals that were already in force remain under the 2011 Ley para la Regularización y Control de los Arrendamientos de Vivienda and the decree against arbitrary eviction. The same article 2 excludes from the new law the homes that the tenant already occupied under a rental on that date, "mientras persista esa posesión" (while that possession continues). The exclusion depends on occupancy, not on the date of the contract: renewing or signing a new contract with that same tenant is not enough, by itself, to move to the 2026 law. The law does not say expressly what happens when those leases are renewed; if this is your case, consult a lawyer.
In writing, yes; notary, no
For new contracts, the 2026 law says two clear things:
There is no need to go through SUNAVI either. The 2026 law does not mention the Superintendencia Nacional de Arrendamiento de Vivienda (SUNAVI, the national housing rental regulator) or create any contract registry, and the rent is agreed by the parties (article 12).
Registration is required in one case: leases that exceed six years must be registered, under the Código Civil (article 1.920, numeral 5). Without registration, they have no effect against third parties who have acquired rights over the property (article 1.924).
Private or authenticated: what changes
Between the parties, both are equally binding. The difference lies in proof and in relation to third parties.
| Aspect | Private document | Authenticated at a notary |
|---|---|---|
| Binds the parties | Yes (art. 9 of the 2026 law) | Yes (art. 9 of the 2026 law) |
| Proof of the signatures | If a party denies their signature, it must be proven in court (arts. 1.364 and 1.365 of the Código Civil) | The notary identifies the parties, who sign in the notary's presence (arts. 78 and 79 of the Ley de Registros y Notarías) |
| Date against third parties | Only counts in the cases of art. 1.369 of the Código Civil | The notary attests to the act and the document stays on file at the notary office (arts. 68 and 77 of the Ley de Registros y Notarías) |
| If the owner sells | Without a fecha cierta (legally certain date), the more limited rule of art. 1.605 applies | The buyer respects the agreed term if the contract is in a public instrument or a private one with fecha cierta, unless agreed otherwise (art. 1.604) |
| Cost | None before SAREN (the national registries and notaries service) | SAREN fees and the lawyer's fees |
The weak point of the private document is the date: against third parties it only counts from certain events, for example that a public official has taken note of it or that it has been filed at a competent office (article 1.369). No rule we reviewed says in those words that authentication gives fecha cierta; if it matters to you (for example, in a sale), consult a lawyer. A middle option: the Ley de Registros y Notarías allows notaries to file private instruments for those purposes (article 75, numeral 16).
What the notary asks for and what it costs
What the law requires:
The procedure: according to SAREN, the application is made online with the required documents, and the system indicates when to go sign and, if applicable, the amount to pay (PUB).
The required documents: as of October 27, 2026, the SAREN site does not publish a list for housing rentals. As a reference, a Manager Inmobiliario guide for commercial premises (June 2025) mentions the registered title document, the visado contract and a valid cédula (national ID card) for each signer; if a party is a company, the registro mercantil (commercial registration), the corporate minutes and the RIF (tax ID). Confirm the list with your notary.
The fees. Article 86 of the Ley de Registros y Notarías sets caps, and SAREN's Providencia Administrativa N.º 004, published in Gaceta Oficial N.º 42.301 (January 20, 2022), sets the amounts. SAREN confirmed in 2023 that those fees remain in force. The providencia has no item of its own for housing rentals (it does for commercial use), so the applicable item is the one for authenticated documents:
| Item | Cap in the law (art. 86) | Amount in the providencia (art. 5) |
|---|---|---|
| Document processing fee | Up to 1 PTR | 0.10 PTR |
| Authenticated document, first page | Up to 0.40 PTR | 0.20 PTR |
| Each additional page | Up to 0.05 PTR | 0.02 PTR |
| Each additional copy | Up to 0.10 PTR | 0.08 PTR |
| Giving a document fecha cierta | Up to 2 PTR | 1 PTR |
| Annual custody of a private document (art. 1.369 of the Código Civil) | Up to 1 PTR | 1 PTR |
The problem: everything is in petros (PTR, Venezuela's state cryptocurrency), and the Plataforma Patria (government services platform) announced the closure of its cryptocurrency wallets starting January 15, 2024, according to Swissinfo. We found no published rule saying which unit replaces it, so there is no official amount in bolívares we can give you. The lawyer's fees are not in these rules and are agreed with the lawyer.
How long the contract can last
What changed from the 2011 law
| Topic | 2011 law (earlier relationships) | 2026 law (new contracts) |
|---|---|---|
| Form | In writing and "deberá ser público" (must be a public document), with an exemption at notaries (art. 46) | In writing (art. 8); notary optional (art. 9) |
| Copies | Three originals, one for SUNAVI (art. 52) | No requirement |
| Rent | Set by SUNAVI; its resolution is attached to the contract on pain of nullity (arts. 53 and 66) | Agreed by the parties (art. 12) |
| Registry | The landlord sends data to the Registro Nacional de Arrendamiento de Vivienda (national housing rental registry) (art. 22) | No registry |
| Currency | Legal tender (art. 54) | Can be agreed in foreign currency, with payment in bolívares at the BCV (central bank) rate if both agree (art. 14) |
| Duration | Minimum one year (art. 51) | Free; one year if not agreed (art. 11) |
Acceso a la Justicia (a Venezuelan legal NGO) notes that the 2026 law does not repeal the 2011 laws, so the two regimes coexist depending on the date of the contract.
What the contract must contain
What article 8 of the 2026 law requires, at a minimum:
In addition, the property must meet minimum habitability conditions: it cannot be rented as housing if it is in an area declared high risk or if its materials or an unfinished construction put people at risk (article 10).
If the contract is silent, the tenant pays services such as electricity, water, gas and garbage collection, and the landlord pays the condominium fees and taxes (article 19). Agreeing on a guarantee of up to three months' rent is optional (article 16).
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.