What are the rules for renting commercial premises in Venezuela?

Official read in the law or the Gazette. Reported from law firms, press or operators, with their date. Unconfirmed no reliable source: check before deciding.

Which rule applies

Decree 929 is dated April 24, 2014 and appeared in Official Gazette 40,418 of May 23, 2014 Official. Some rulings write “40,148”, which looks like a transcription error.

The 2026 housing law expressly excludes property for commercial, industrial, professional or teaching use (art. 2) Official, so the decree stays intact. If you are renting a home, the guide is the 2026 housing rental law.

A house rented for commercial use is treated as commercial premises, according to a Constitutional Chamber decision of October 2025 Reported.

We found no reforms of the decree between 2023 and 2026 Unconfirmed.

The rent: three types and a formula

The decree allows three ways of setting the rent (arts. 31–32) Official.

In the fixed-rent formula, VI is the value of the property by replacement cost, under SUNDDE supervision; M²A is the total leasable area and M²a the area of the premises; %RA is the annual return Official.

How much that formula is used today in practice is not documented by any source we read Unconfirmed. During the contract the rent cannot be adjusted outside the cases provided (art. 41, letter g) Official.

Deposit or guarantee

Under arts. 19, 21 and 22 Official:

• The landlord can ask for a deposit or a guarantee, never both, each of up to 3 months’ rent.
• The deposit goes into an exclusive bank account in the landlord’s name, and the interest belongs to the tenant.
• It is returned with interest within 15 calendar days. If returned late, it accrues interest at the highest active rate.

Term, extension and preferences

• Minimum term of 1 year, except seasonal activities (art. 24) Official.
• The tenant has a preference to renew (art. 25) Official.
• At expiry, the tenant has a legal extension that depends on how long the contract lasted (art. 26) Official:

• If the owner sells: a tenant of more than 2 years has a right of first refusal; they are notified through a notary and have 15 days to respond (art. 38). If it is not respected, they have a right of retraction for 6 months (art. 39) Official.

Grounds for eviction

Article 40 lists nine grounds. Rulings cite them by letters a to i Official:

1. Non-payment

   2 consecutive rents, or 2 condominium fees, unpaid.

2. Dishonest or improper use

   Giving the premises a dishonest or improper use.

3. Damage or alterations

   Damage to the property or unauthorized alterations.

4. Change of use

   Using the premises for something other than what was agreed.

5. Demolition or major repairs

   When the building must be demolished or needs major repairs.

6. Assignment or subletting

   Assigning the contract or subletting without it being agreed.

7. Expiry

   The contract expires without extension or renewal.

8. Sale to a third party

   The premises are sold to someone else after the tenant's preference has lapsed.

9. Other breaches

   Any other breach of the contract.

The lawsuit follows the oral procedure of the Code of Civil Procedure before the ordinary civil courts (art. 43) Official.

What the decree forbids

Article 41 carries a list of prohibitions Official. Among them:

• (e) setting the rent in foreign currency, with a fine of 2,500 tax units (U.T.);
• (g) adjusting the rent during the contract outside the cases provided;
• (j) private arbitration, with a fine of 1,500 U.T.;
• (k) unilateral termination;
• (m) administration by foreign companies not domiciled in the country.

Rent in dollars: what the TSJ said

The Civil Cassation Chamber, in ruling 335 of June 6, 2024 (case AA20-C-2024-000174), accepted that setting commercial rent in foreign currency is not illegal “as long as the tenant is allowed to pay the rent by delivering the equivalent in legal-tender currency”, at the rate of the day of payment Official. It relied on art. 128 of the BCV Law, “unless there is a special agreement”, and on Exchange Agreement No. 1 of 2018 Official.

Press reports on the ruling cite different precedents (number 249 or 424 of 2019) Unconfirmed.

In practice, the clause that fits that ruling is a rent in dollars with the express option to pay in bolívares at the BCV rate of the day of payment. You can see it at BCV rate today. Watch out: letter e of art. 41 is still written in the decree, and a cassation ruling does not erase it.

Arbitration: what the Constitutional Chamber said

The Constitutional Chamber set aside, through diffuse control, the arbitration ban in letter j of art. 41 in ruling 702 of October 18, 2018 (case 17-0126), and confirmed that line in ruling 0378 of July 25, 2022 Official.

This means a judge stopped applying the rule in those specific cases; the ban was not annulled in the law. If you want an arbitration clause in your contract, have a lawyer draft it.

Before signing a lease for commercial premises

1. Check who the owner is

   Ask for the title deed and a lien certificate.

2. Define the rent type

   Fixed, variable or mixed, and whether it is in dollars with an option to pay in bolívares.

3. Put the deposit in writing

   Amount (up to 3 months' rent), bank and exclusive account.

4. Look at the condominium

   Two unpaid fees are grounds for eviction. Check who pays them in condominium and HOA law.

5. Calculate the return

   If you are the owner, try the rental yield calculator.

This guide explains the decree and the rulings; it is not legal advice. For your contract, consult a lawyer.