You have a lease in Ecuador, but you do not know what it is, much less what it is for and why they do it when renting a property, all those unknowns and many more will be cleared up in this post so do not stop reading .
Lease contract Ecuador
A lease or also known as a rental contract is defined as a document between a so-called landlord and a tenant, that is, the one who rents and in which he is renting. After it is done, the main thing is that the other party read it in detail and analyze each of the clauses and proceed to sign both.
After both parties agree to the contract, they sign it and the house is already leased, both the tenant and the landlord are fully obliged to comply with what is established in it and under no reason can they breach what is left there. agreed and each of the terms must be respected.
It is important to keep in mind that verbal lease contracts can become legally recognized, however it is much better to have a written document duly signed by both parties where all the rights and obligations of both the lessor are reflected. as the tenant.
In the vast majority of leases you will find reflected the following terms that will be disclosed below:
- The first thing that is established is the total amount that is going to be paid for the rental of the home or property.
- Then it is indicated until what day the tenant has to pay the amount to pay for the rent.
- The date on which the contract was signed and all the terms agreed upon are reflected.
- An agreement is reached as to who will be responsible for paying all the bills for basic services such as electricity, water, gas, etc., and it is also stipulated in the contract.
- It reflects the duration of the lease and how long it is valid, that is, it is established when it begins and when it ends, the months or years that it lasts must be specified, usually the most common is that they last one year , but this is by decision of the owner of the place or tenant.
- The months in advance with which the administration, the owner or tenant of the dwelling must be informed when it is going to be vacated.
- The penalties to which the tenant is exposed for non-payment will be clearly indicated.
- It will be agreed who will be responsible for the damages and imperfections that exist in the house during the term of the contract.
- Both parties will establish if it is possible that the house can be rented.
It is important to keep in mind that documents that have blank spaces should not be signed, in addition that promises made by the tenant should not be trusted and that they are not included in the lease contract since they may be breached and it can be alleged that are not established within the terms of the agreement.
If any doubt arises about the terms that are written in the contract, it is best to consult with a lawyer you trust before signing, once you agree with everything, the landlord must provide you with a copy of the contract and it must be kept in a place where it will not deteriorate and must be in his possession for five years after you have left the home.
In addition to the purchase contract, one of the most common that can be carried out are the lease contracts, where the widespread knowledge of the legal figure that is established is established, however the duration, the variation in the applications and the large number of modalities that have been emerging with history and over the years, result in great difficulty in understanding what the lease consists of.
Within article 1856 of the civil code, a lease is defined as:
“a contract in which the two parties reciprocally bind themselves, one to grant the enjoyment of a thing, or to execute a work or provide a service, and the other to pay a determined price for this enjoyment, work or service, except for what labor and other special laws provide.”
Leasing of things (furniture and real estate)
In article number 1857 of the civil code the following is established:
“All corporeal or incorporeal things that can be used without being consumed are subject to lease; except those that the law prohibits leasing, and strictly personal rights, such as those of habitation and use. – The property belonging to another can still be leased, and the lessee in good faith will have remedial action against the lessor, in case of loss of right.”
It can be noted that within a leasing relationship, the variables that stand out the most are the temporary duration of the contract and the amount that must be paid for the rental of the property, through the contract that is previously established, the lessor has the obligation to assign the use of your property to the tenant who does not require to acquire.
Contracts are usually perfected or modified with the full consent of both parties involved so that in this way the obligations and rights that are clarified therein are reciprocal (that is, the use of the property against the payment of a certain amount as consideration of the same). If it is the wish of both, a lease can be renewed after its expiration and the tenant can continue inside the property by mutual agreement, however if this is not the case, the residence must be vacated as agreed.
What are the landlord's rights?
As is well known when creating the contract, terms are established that must be fulfilled by both parties so that in this way a healthy relationship can be carried out free of conflicts or problems, while respecting and fulfilling everything that was agreed in the signed document. You can be sure that the relationship between the landlord and tenant will be the best. Next we are going to know the rights with which the arreador must comply:
- The landlord is fully entitled to collect the rent payment on the agreed day and to collect each of the damages that are generated by the misuse or destruction of the property due to improper use, here the damages that are exceeded are included. of the amount for which the deposit was made by the tenant at the time of the rental. The landlord does not have the right to withhold the rent if the tenant refuses to make repairs to the property, if applicable the owner of the property must only give a notice that the repairs must be ready in 14 days and if not, within 30 days they will be evicted.
- You must deliver the property for rent to the tenant on the date that was stipulated in the contract that both signed, it is important to take into account that the property for rent must be delivered in optimal conditions and must enjoy all its basic services, but also security, health and total privacy, that is to say that no one else has access there once it is leased.
- The lessor, if necessary, can proceed to establish terms and conditions by means of which they regulate the behavior of the people who are going to inhabit their property, these rules must be applied to all the tenants equally, in addition said rules of coexistence must be annexed to the contract that must be signed by both parties at the time the rental agreement is made. Once the document is signed, the conditions must be adopted by the tenants, since notice was given of what must be fulfilled and it was agreed That is why they must be fully complied with.
- Although the landlord is within his right to establish conditions and rules of coexistence, it should be noted that they must not discriminate against the tenant for any reason, with respect to race, religion or nationality, the rules must be focused on behavior and coexistence respectively.
- Once the property has been rented, the landlord can enter your property to do some type of investigation, repairs, provide services or even show the workers that it should be repaired, of course, all this must be done with prior notice to the landlord. tenant at least one day in advance. You must enter the property within a reasonable time, it should also be noted that you cannot enter without the authorization of the tenant unless it is an emergency.
- If the tenant leaves the property before the time established in the contract, the landlord is entitled to take possession of it immediately.
- The tenant must deliver the property to the landlord on the datee termination of a lease in Ecuador that previously signed, the property must be delivered in good condition as it was when you rented it and if necessary, you must make the necessary repairs due to misuse of the house.
What are the lessor's obligations?
Just as the lessor has rights with respect to the lessee, he also has to comply with a series of obligations which we are going to describe in the following lines:
- The lessor is obliged to deliver the leased property under the terms and conditions stipulated in the contract that was previously signed under no reason may he fail to comply with any.
- The landlord has an obligation to make the necessary repairs to keep the property safe and clean.
- The landlord must keep all basic services up to date.
- The landlord must facilitate the removal of garbage or debris that is inside the property.
What are the tenant's rights?
We are going to indicate the main rights of the tenant:
- The tenant can take possession of the rented property from the moment stipulated in the contract until the end of the contract, but must always bear in mind that they must comply with everything that was established in the document at the time of signing.
- Every tenant has the right to live in a property that has all its basic services but also that it is totally clean and safe.
- You have the right to have complete privacy within the home you rented and have already lived in since the date it was established.
- The tenant has the right to give their landlord a written notice that the landlord is not following their agreements.
- Although repairs must be made, they can be completed within a reasonable established time for both parties.
What are the tenant's obligations?
Just as the lessor has rights and obligations, the lessee will also now know the obligations of the same:
- The lessee is obliged to comply with all the conditions and terms established in the contract.
- You must pay the rent amount on the agreed day.
- You have the obligation to keep the property in good condition if it warrants repairs due to improper use, you must do them
- You must make use of the services in a reasonable manner and cancel the same within the stipulated time.
- Under no circumstances should you break the rules of coexistence, much less speak rudely to the landlord.
- You cannot prevent the landlord from entering if he himself needs to enter clearly the last one, nor can he do so arbitrarily.
Ecuador Lease Agreement Example
If you are about to sign a lease and want to have an idea of what one is like or, on the contrary, you are about to lease a property and you must do one, then we will see a clear example of one:
Leasing contract
We hereby expressly record, between us: Mr./Mrs. ……………….., with identity card number, which will later be identified with the name of LESSOR. And to Mr./Mrs. ……………….., with identity card number, which will later be identified with the name of LESSEE.
Both of us freely agree to enter into this lease agreement, under the terms of the following clauses:
FIRST.- The landlord leases to the tenant an apartment located in ……………….. and which consists of (exact specifications of the property: rooms, garage, services, etc).
SECOND.- The lessee undertakes to keep the leased premises in perfect condition and will use it solely and exclusively for the use of ……………….. without being able to give it another use, unless there is a subsequent agreement with the lessor.
THIRD.- The rental fee will be ……………….. dollars, a value that will be paid monthly, payable and for advance allowances between the first three days of the beginning of each month, the same that will start from … ………… until the …………………
In case the contract is renewed, and if the tenant expresses it (minimum three months in advance), it will be done prior to a readjustment of the previously subscribed canon. The renewal will include a period of one year.
In this sense, the parties expressly waive the right to accept a fee other than the one agreed upon both for this contract and for its future renewal. Thus, the lessee waives any claim or legal action, which has this background as a source.
FOURTH.- The term of this contract is two years, which ends on ……………….., and may be renewed by mutual agreement between the parties to the agreement.
FIFTH.- For the term or end of the contract, the parties must communicate ninety days in advance, as determined by law, and in the event that two consecutive locative pensions are not paid, it will be a valid reason for the lessor to terminate the present contract.
SIXTH.- The lessee declares that he receives the leased premises in perfect conditions for the enjoyment of its use stipulated in the second clause and commits himself to keep it in good condition; and, to carry out the pertinent locative arrangements that the case warrants if there is slight deterioration. On the other hand, any improvement that you wish to make in the leased premises will be carried out with the prior consent of the lessor.
SEVENTH.- The drinking water service will be paid by the lessor. And the consumption of electricity, telephone, Internet will be paid exclusively by the tenant.
EIGHTH.- In the event of any legal dispute, the parties expressly waive domicile and jurisdiction, and submit to the competent judges of the City of ………., province of …….. and, to the Verbal Summary procedure that if that is the case, it deserves it.
NINTH.- And to record between the parties and agreed by mutual agreement for its final consequence of this act of contract of all that is stated in its content. They jointly sign in the City of ………., province of …….. Ecuador, on ……………….. of 20…
Landlord tenant
Name Name:
ID: ID:
If this article Lease contract in Ecuador: what does it consist of? If you found it interesting, be sure to read the following, which may also be to your total liking:
- Requirements to get a passport in Ecuador: complete list
- Requirements to get the Colombian ID being Venezuelan
- Border Card: Frequently Asked Questions