Since August 7, 2026 two housing-lease regimes have coexisted, and which one applies depends on when the relationship began. This guide compares what each rule says, article by article.
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) took effect on publication (Disposición Final Única, its sole final provision). Under its article 2:
Its Disposición Transitoria Única (sole transitional provision) excludes the 2011 law and the decree from contracts under the new regime.
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.
Both laws exclude, among others, commercial premises, tourist or vacation lodging (in the 2011 law, if its registration is proven) and housing occupied through an employment relationship (2011 law, articles 8 and 9; 2026 law, article 2).
Comparison table
"Not regulated" means that law contains no rule on the subject.
| Topic | 2011 law and anti-eviction decree | 2026 law | Articles |
|---|---|---|---|
| Written contract and notary | Right to a written contract, which "deberá ser público" (must be a public document), exempt from charges at notaries. Three originals, one for SUNAVI (the national housing-lease authority) | Written, with minimum content. Notarization is optional; a privately signed contract is also binding | 2011: 46 and 52. 2026: 8 and 9 |
| Duration | Minimum one year. On expiry, if the home is still rented out, the paid-up tenant has preference to stay | Agreed by the parties; otherwise, one year. If on expiry no one ends it, it continues on the same terms | 2011: 51 and 89. 2026: 11 |
| Tenant leaving | Can give notice before expiry that they will not continue, without prejudice to compensation or remaining rent | At any time; compensation of up to 2 months' rent can be agreed | 2011: 51. 2026: 24 |
| Role of SUNAVI | Sets and reviews the rent, reviews contracts, keeps the Registro Nacional de Arrendamiento de Vivienda (national housing-lease registry), handles the prior step before lawsuits and imposes fines | Not regulated | 2011: 16, 20 to 22, 94 to 96 and 141 |
| Initial rent | Set by SUNAVI, between 3% and 5% annual return on the value of the property. Its resolution is attached to the contract on pain of nullity | Agreed by the parties, with no limits other than those of the law | 2011: 53, 66, 77 and 78. 2026: 12 |
| Adjustments | SUNAVI reviews it one year after each setting, if the use changes or if there were improvements worth more than 20% of the value | Fixed during the contract. On extension or renewal an adjustment can be agreed; in bolívares, no greater than the change in the consumer price index of the BCV (the central bank) over the term of the contract | 2011: 83. 2026: 13 |
| Currency and payment | Legal tender. Monthly payment into the landlord's checking account; charging in advance is prohibited | Can be set in foreign currency; paying in bolívares at the BCV rate requires mutual agreement. Monthly, unless otherwise agreed | 2011: 54, 67 and 68. 2026: 14 |
| Deposit | Not regulated | Deposit or insurance policy of up to 3 months' rent; returned within 15 calendar days, minus proven repairs and unpaid utilities | 2026: 16 to 18 |
| Repairs | Major (natural wear, hidden defects): landlord. Minor (everyday use): tenant. If the tenant makes the major ones, after giving notice, they deduct them from the rent | Unless otherwise agreed: tenant up to 30% of the monthly rent; landlord above that, except damage caused by the tenant's negligence | 2011: 7 and 37. 2026: 15 |
| Utilities | Single-family home: public utilities paid by the tenant. Rooms or portions of a property: common services paid by the landlord | Unless otherwise agreed: electricity, water, gas, waste collection, internet and others the tenant contracts, paid by the tenant | 2011: 36. 2026: 19 |
| Condominium and taxes | Not regulated | Unless otherwise agreed: condominium fees and taxes on urban property, paid by the landlord | 2026: 19 |
| Preferencia ofertiva (right of first offer) | Paid-up tenant, with no minimum length of tenancy. Offer by authenticated document, at a price no higher than SUNAVI's fair value. 90 calendar days to respond. Sale without notice: void. Discount of 10% to 25% with 10 years or more | More than 2 years and up to date on rent and utilities. Written notice with price and terms; 15 days to respond. If the price drops or the terms improve, it must be offered again | 2011: 131 to 135 and 137. 2026: 20 |
| Retracto (right to buy back) | 180 business days to take the buyer's place if the offer did not comply with the law or the property was sold for less or on better terms | Not regulated | 2011: 138 to 140 |
| Grounds for eviction | Five: four unpaid rent payments without justified cause, need of the owner or of a blood relative up to the second degree, improper use or change of use, major damage or unauthorized alterations, breaking the rules of coexistence. Leaves other grounds or general law intact | Seven: three consecutive rent periods, three consecutive months of utilities, assigning or subletting without permission, damage or unauthorized alterations, a different or illegal use, abandonment, grounds in the contract | 2011: 91. 2026: 23 |
| Procedure | Mandatory prior step before SUNAVI, with a conciliation hearing; then an oral trial. At enforcement: suspension of 90 to 180 business days, a guaranteed place to live, 90 calendar days' notice | Conciliation, mediation, arbitration or a tribunal de municipio (municipal court) through juicio breve (short proceeding). Eviction can only be ordered by a tribunal de municipio or a tribunal arbitral (arbitral tribunal) | 2011: 94 to 98. Decree: 5 to 14. 2026: 25 to 27 |
| Sanctions | SUNAVI fines of 50 to 400 unidades tributarias (tax units); 1,000 for arbitrary eviction. A repeat offense doubles the fine and, on the third, allows expropriation to begin if the owner has more than five rented homes | Not regulated | 2011: 141, 142 and 145 |
What changes for the owner
What changes for the tenant
What stays the same and what remains open
Neither regime allows removing the tenant without a court order. The 2011 decree prohibits removal "mediante coacción o constreñimiento" (through coercion or duress) without its procedure (article 4), and the 2026 law reserves the eviction order to a tribunal de municipio or a tribunal arbitral (article 27). Both prohibit renting out as housing a property that puts life or health at risk (2011 law, article 12; 2026 law, article 10).
The 2026 law does not say what happens if the owner sells without offering the property to the tenant. For that case, and for renewals of earlier leases, consult a lawyer.