The president of the National Assembly, Jorge Rodríguez, holds the Law on Special Regime for Leases of Properties Intended for Housing after its approval, July 31, 2026. Photo: Wilmer Errades.
The National Assembly of Venezuela unanimously approved in its second discussion the Law on Special Regime for Leases of Properties Intended for Housing, which will be sent to the acting president for its approval and promulgation.
“The Law on the Special Regime for the Leasing of Properties Intended for Housing has been approved,, aand has been sent to the president of the Bolivarian Republic of Venezuela, Delcy Rodríguez, for its implementation,” declared the president of the National Assembly, Jorge Rodríguez, on Friday, July 31.
The law, consisting of 27 articles, establishes a Single Transitional Provision. It states that provisions of the Decree with Rank, Value, and Force of Law against Eviction and Arbitrary Occupation of Housing and the Law for the Regularization and Control of Housing Leases will not be applicable to lease agreements established under the protection of this special regime.
As specified in Article 27, the eviction order for property rented under residential purposes can solely be granted by a municipal court or by an arbitration court established in accordance with the law, as provided in the Code of Civil Procedure. When the order is part of an arbitral award, it is presented to the competent court for execution, according to rules established by the special law.
In terms of mediation, the participation of the justices of peace is considered as an alternative means of conflict resolution. During the debate on the bill, National Assembly President Jorge Rodríguez stated, “The State can assume that function and decide; instead of a bureaucrat in a ministry doing so in the case of mediation, let it be done by those chosen by the people’s decision.”
Breach of obligations
In the event of non-compliance with contractual obligations, instances of conciliation, mediation, or other alternative means are provided for. Moreover, the participation of institutional arbitration centers, arbitration mechanisms agreed upon by the parties, arbitration under the Civil Procedure Code, and the municipal courts of the locality where the property’s location is included.
Regarding the early termination of the contract, the landlord may file a claim with the competent authority if any of the following occurs:
- The failure to pay the rent for three consecutive periods.
- The failure to pay for public services inherent to the property (water, urban sanitation, electricity) for three consecutive months.
- Transfer or subletting of the property without authorization.
- Damage to the property beyond normal use or the execution of unauthorized renovations.
- Change of use or purpose of the property without consent.
Rental fee to be agreed upon by landlord and tenant
Regarding the rent, whenever agreed upon in foreign currency, the tenant may pay its equivalent in bolívars, according to the official exchange rate of the Central Bank of Venezuela, on the payment date. The amount will be mutually agreed upon by the landlord and the tenant, and will remain fixed for the duration of the contract. In the event of renewal, the parties may agree on an adjustment set in bolívars, and cannot exceed the variation of the Consumer Price Index (CPI) published by the issuing entity.
In the event that the landlord wants to sell the property, the tenant will have priority to purchase it, provided they have been in contract for over two years.
The tenth law approved this year
The Law on Special Regime for Leases of Properties Intended for Housing is the tenth law approved this year. According to Jorge Rodríguez, it benefits both the landlord and the tenant.
“This is the tenth law approved by the National Assembly of the Bolivarian Republic of Venezuela this year. From January 5, 2021, to today, Friday, July 31, 2026, the National Assembly of the Bolivarian Republic of Venezuela has approved 110 laws. Thank you, deputies,” Rodriguez stated following the approval of the law.
Translation: Orinoco Tribune
OT/SC/SH
