In Ecuador, property owners who rent out their real estate have both legal and ethical responsibilities designed to ensure safe, fair, and transparent rental relationships. These obligations are established primarily under Ecuador’s Tenancy Law (Ley de Inquilinato) and related regulations.
1. Deliver the Property in Habitable Conditions
Landlords must provide the property:
- In good overall condition.
- With fully functioning basic services such as water, electricity, and gas.
- Free from serious humidity, mold, or structural issues.
- Suitable for the agreed-upon use, whether residential or commercial.
2. Assume Responsibility for Major Repairs
The property owner is responsible for:
- Structural or major repairs.
- Maintenance of electrical, plumbing, and gas systems, provided damage was not caused by tenant misuse.
- Repairs necessary to maintain the property in safe and livable condition.
Note: Ecuador Law distinguishes between major repairs (Landlord) and ‘Reparaciones Locativas’ (Tenant)—minor repairs resulting from normal wear or daily use (like changing lightbulbs or fixing a loose handle).
3. Respect the Rental Agreement
Landlords must:
- Honor the agreed rental term.
- Respect the rental price established in the contract.
- Clarify the Alicuota: Clearly state if the monthly rent includes the condo fee (alicuota) or if this is an additional expense.
- Avoid changing conditions without tenant consent.
- Comply with the terms of a written and preferably notarized contract..
4. Guarantee Peaceful Use of the Property
A landlord may not enter the property without the tenant’s authorization, except in verified emergency situations.
A landlord cannot use their spare key to enter simply to “check on things.” This is a violation of the tenant’s privacy rights and peaceful enjoyment.
5. Return the Security Deposit
At the end of the lease, landlords must:
- Return the security deposit within the timeframe stated in the contract.
- Deduct only documented and justified expenses for damages.
- Provide transparency regarding any deductions made.
6. Prove Legal Ownership or Authority
The landlord must:
- Be the legal owner of the property, or
- Hold a valid legal power of attorney to rent the property.
- This ensures legal security for the tenant.
7. Issue Payment Receipts
Landlords are required to provide:
- Receipts for rental payments.
- Proof of security deposit payments, when applicable.
This protects both parties in the event of disputes.
8. Comply with Current Legal Regulations
Property owners must operate in accordance with:
- Ecuador’s Tenancy Law (Ley de Inquilinato).
- Applicable municipal ordinances.
- Judicial resolutions, when relevant.
