Renting in Venezuela: what the tenant pays and what the owner pays

For housing leases agreed from August 7, 2026, the rule is in the Ley del Régimen Especial de Arrendamiento de Inmuebles Destinados a Vivienda (Special Regime Law for Residential Leases; Gaceta Oficial No. 7.065 Extraordinario). Almost all of its rules on expenses apply only if the contract does not say otherwise.

Who pays what: the table

The contract must be in writing and state who pays the public utilities (art. 8, item 6). It can be private or notarized (art. 9): see whether it must be notarized.

Repairs: the 30% rule

Article 15 requires the tenant to look after and preserve the property and says that, "a falta de estipulación expresa entre las partes" (absent an express agreement between the parties):

Item 1 says "estipulado" (stipulated) rent and item 2 says "mensual" (monthly) rent; the law does not explain the difference. An example with rent agreed per month (art. 14): with rent of 500 dollars, the cutoff is 150. A repair of 120 is paid by the tenant; one of 400, by the landlord, unless it is due to the tenant's negligence, imprudence or lack of skill.

What "repairs" covers. The law does not define the word, does not distinguish minor from major repairs or wear from breakdown, and does not say whether several small repairs are added together. The only exception based on cause is the one in item 1, and it does not expressly say who pays in that case.

The Código Civil (Civil Code) applies on a supplementary basis (art. 6). Under it:

Condominium fees, special assessments and municipal tax

The second paragraph of article 19 places on the landlord, "salvo estipulación en contrario" (unless otherwise agreed), the condominium fees and the taxes levied on urban property, such as the Impuesto sobre Inmuebles Urbanos (urban property tax).

Special assessments. The law does not mention them or separate them from ordinary fees. The Ley de Propiedad Horizontal counts the repair or replacement of common elements as common expenses (art. 11) and requires owners to pay them according to their percentage (art. 12). If the contract shifts the condominium fees to the tenant, it should say whether that includes special assessments. The agreement only has effect between the parties (Código Civil, art. 1.166): toward the condominium, the owner remains liable.

Impuesto sobre Inmuebles Urbanos. Some ordenanzas make the tenant liable:

Neither the ordinances nor article 19 say how the matter is resolved if the alcaldía charges the tenant; in that case, consult a lawyer. Rates by municipality: guide to the Impuesto sobre Inmuebles Urbanos.

Utilities, guarantee and damage at the end of the contract

The tenant pays the article 19 utilities until handing over the property. Failing to pay the public utilities (water, electricity, waste collection and those mentioned in the contract) for three consecutive months allows the landlord to request early termination (art. 23, item 2).

To guarantee the upkeep of the property and the payment of overdue utilities, the parties can agree on an insurance policy or a deposit of up to three months' rent (art. 16). The law does not say who pays the premium. The deposit is returned within the 15 calendar days following the end of the lease relationship, after an inspection of the property, deducting "las reparaciones a que hubiere lugar y los servicios en mora debidamente comprobados" (any repairs due and duly proven overdue utilities) (art. 18). Details in the guide to the security deposit.

It is advisable to describe the initial condition of the property in writing. Without that description, the Código Civil presumes, unless proven otherwise, that the tenant received it in good condition and must return it the same way (art. 1.595). On returning it, the tenant is not liable for what has perished or deteriorated through age or force majeure (art. 1.594). The 2026 law does not say how that rule fits with article 15, item 2, which places repairs of up to 30% on the tenant without distinguishing the cause; if there is a dispute, consult a lawyer.

Causing "deterioros mayores no provenientes de su uso normal" (major damage not resulting from normal use) or making unauthorized alterations is a ground for early termination (art. 23, item 4).

What the contract can change and what it cannot

What the parties agree governs, as long as it does not contradict the law (art. 6). Articles 15 and 19 apply "a falta de estipulación expresa" (absent an express agreement) or "salvo estipulación en contrario" (unless otherwise agreed), so the contract can place the condominium fees on the tenant or move the 30% cutoff.

The law is of orden público (public policy) (art. 5), so the parties cannot agree against the rules that lack that proviso, such as the cap on the guarantee (art. 16), the deadline for returning the deposit (art. 18) or habitability (art. 10), which bars renting as a home in areas declared high risk, or with materials or unfinished works that endanger life, safety or health.

Contracts before August 7, 2026

The new law applies only to leases agreed or formalized after it came into force, and excludes homes a tenant already occupied on that date "mientras persista esa posesión" (for as long as that possession continues) (art. 2). Those leases remain under 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) and the decree against arbitrary eviction. Main differences on expenses: