Which law applies if my tenant moved in before August 2026?

The Ley para la Regularización y Control de los Arrendamientos de Vivienda of 2011 and the anti-eviction decree, for as long as the tenant remains in possession of the home. Article 2 of the 2026 law says so.

If I renew the contract with the same tenant, does it move to the 2026 law?

Not by itself. The 2026 law excludes a home the tenant already occupied when it took effect, for as long as that possession continues, and it does not say expressly what happens when those leases are renewed; consult a lawyer.

Under the new law, do I have to go to SUNAVI first?

No. The 2026 law does not mention SUNAVI or create a prior administrative step, and it declares that the anti-eviction decree does not apply to its contracts. The eviction order is issued by a tribunal de municipio or a tribunal arbitral.

How many months of non-payment allow you to seek eviction?

Under the 2026 law, three consecutive periods without paying the rent, which is monthly unless otherwise agreed. Under the 2011 law, four rent payments without justified cause.

Can I recover the home because I need it for myself?

In contracts that predate the 2026 law it is a ground for eviction, with conclusive proof, at least 90 calendar days' notice and three years without renting it out again. The 2026 law does not include it as a ground, unless it was agreed in the contract.

Can the owner change the lock or cut off services?

It is not a legal route. In new contracts only a court can order the eviction, and in earlier ones the decree prohibits vacating a home through coercion and the 2011 law fines arbitrary evictions 1,000 unidades tributarias.

Rented home eviction in Venezuela: 2026 law

Since August 2026 two housing-lease regimes have coexisted, and the grounds and the procedure change depending on when the lease began. To sue or to defend yourself, 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 (official gazette) N° 7.065 Extraordinario of August 7, 2026 and took effect on publication (Disposición Final Única, its sole final provision). Its article 2 defines its scope:

It applies only to housing leases agreed or formalized after it took effect.

It excludes homes that, through a lease relationship, were in the tenant's possession on that date, "mientras persista esa posesión" (for as long as that possession continues). Those relationships 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, 2011) and by the Decreto con Rango, Valor y Fuerza de Ley Contra el Desalojo y la Desocupación Arbitraria de Viviendas (Decree-Law Against Eviction and Arbitrary Removal from Homes, 2011).

Renewing the contract, or signing a new one, with the same tenant who already occupied the home does not by itself move it to the 2026 law. The law does not say expressly what happens when those leases are renewed: consult a lawyer.

Contracts under the 2026 law

The contract must be in writing (article 8) and can be authenticated or signed privately (article 9). See whether the contract has to be notarized.

When the contract ends

Article 22 lists five ways the contract can end: expiry of the term, mutual agreement, early termination, unilateral decision by the tenant, and total destruction of the property by a fortuitous event or force majeure.

The parties agree on the duration; if they did not agree on one, it is one year (article 11). If, when it expires, neither party states its wish to end it, it continues on the same terms. 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).

The owner's need to occupy the home is not a ground under the 2026 law. For that purpose, what remains is expiry of the term, mutual agreement or a ground agreed in the contract (article 23, item 7).

The tenant can end the contract at any time; compensation of up to two months' rent can be agreed (article 24).

Grounds for early termination

Article 23 allows the landlord to sue for or request early rescission in these cases:

Failure to pay the rent for three consecutive periods (unless otherwise agreed, rent is monthly: article 14).

Failure to pay the property's utilities (water, electricity, waste collection and any other mentioned in the contract) for three consecutive months.

Assigning or transferring the contract, or subletting, without the landlord's authorization.

Major damage not caused by normal use, or alterations not authorized by the landlord.

Putting the property to a use or purpose other than the one in the contract, or using it in a way contrary to the law.

Abandonment of the property.

Grounds established in the contract.

When the competent authority declares any of these cases, that "dará lugar al desalojo" (will give rise to eviction).

Where to file and under which procedure

Article 25 gives jurisdiction to three routes: conciliation, mediation or other alternative means; arbitration (institutional, agreed by the parties, or the arbitramento, the arbitration procedure of the Código de Procedimiento Civil, the Code of Civil Procedure); and the tribunales de municipio (municipal courts) where the property is located, through that Code's juicio breve (summary proceeding), regardless of the amount at stake.

The eviction order can only be issued by a tribunal de municipio or a tribunal arbitral (arbitral tribunal) (article 27). If the order is in a laudo arbitral (arbitral award), it is enforced before the competent court.

The 2026 law does not mention SUNAVI (the national housing-lease authority) or create a prior administrative procedure, and its Disposición Transitoria Única (sole transitional provision) excludes the anti-eviction decree and the 2011 law from these contracts.

Earlier contracts: the 2011 law and the anti-eviction decree

Grounds for eviction

Article 91 of the 2011 law (Gaceta Oficial N° 6.053 Extraordinario) says eviction proceeds only on these grounds:

The tenant has failed to pay four rent payments without justified cause, according to the criteria of the Superintendencia Nacional de Arrendamiento de Vivienda (SUNAVI).

The justified need of the owner, or of one of the owner's blood relatives up to the second degree, to occupy the home.

The tenant has used the home for dishonest or improper purposes, or purposes contrary to the conformidad de uso (approved use) issued by the municipal authorities, the comuna (commune) or the consejo comunal (community council), or has changed its intended use.

Damage greater than that from normal use, or alterations not authorized by the landlord.

Breach of the rules of coexistence issued by the competent authorities and by the Comité Multifamiliar de Gestión (building management committee).

For ground 2, "prueba contundente" (conclusive proof) is required, the home cannot be rented out for three years, and the tenant must be notified at least ninety calendar days before the contract ends; if the owner fails to comply, there is a penalty and the tenant is reinstated. Expiry of the term is not on the list, although the article preserves actions on other grounds or under general law.

The mandatory prior step before SUNAVI

Before suing for eviction, performance or termination of the contract, the landlord must go through a procedure before SUNAVI (articles 94 to 96 of the 2011 law), which is the one in the anti-eviction decree. Under the decree:

A written, reasoned and documented request (article 6).

The tenant is summoned to a conciliation hearing, set between 10 and 15 business days after the summons; if the tenant has no lawyer, the process is suspended until a defender appears (article 7).

The hearing can be extended, but not beyond 20 business days from the first session (article 7).

If there is no agreement, the official decides. If the decision favors the owner, it sets the period after which the eviction may take place, which is carried out only by court order (article 9).

Only then can the case go to court (article 10). The trial follows the oral procedure of the 2011 law, regardless of the amount at stake (article 98).

Why these cases take longer

If the tenant cannot afford a lawyer, the judge suspends the trial until a public defender is appointed (article 11 of the decree, article 97 of the law).

At the enforcement stage, the court suspends all proceedings for between 90 and 180 business days (article 12 of the decree).

Forced enforcement does not proceed without guaranteeing housing for the tenant (article 13).

The eviction cannot be carried out at night or in the early morning, or on a Friday, Saturday or Sunday, and its date must be notified at least 90 calendar days in advance (article 14).

What the law does not allow: self-help eviction

Neither regime allows removing the tenant without a court order. In earlier contracts, the decree prohibits vacating homes "mediante coacción o constreñimiento" (through coercion or duress) without following the procedure (article 4), the 2011 law punishes arbitrary evictions by the owner with a fine of 1,000 unidades tributarias (tax units) (article 142), and it requires the landlord to preserve basic services (article 35). In new contracts, only a tribunal de municipio or a tribunal arbitral orders the eviction (article 27). Changing the locks, cutting off services or removing the tenant without a court order is not a legal route in any case.

Under the 2026 law, the deposit is returned within the 15 calendar days after the lease ends, minus proven repairs or overdue utilities (article 18). See the security deposit.

Quick comparison

Topic	2026 law (G.O. 7.065)	2011 law and anti-eviction decree
Who it applies to	Contracts agreed after it took effect	Tenants in possession before that date
Non-payment	Three consecutive periods	Four rent payments without justified cause
Owner needs the home	Not a legal ground; expiry or an agreed ground remain	A ground, with 90 days' notice and 3 years without renting
Prior step before SUNAVI	No	Mandatory
Who orders the eviction	Tribunal de municipio or tribunal arbitral	A court, after the administrative step
Court procedure	Juicio breve of the Código de Procedimiento Civil	Oral procedure of the 2011 law

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 do you recover a rented home in Venezuela? (2026 law)