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Venezuela rental law: what changed with the August 2026 law?

By Romulo Felizola · Published November 8, 2026

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.

Since 7 August 2026 Venezuela has two rental regimes for homes. Leases signed after that date follow the new Ley del Régimen Especial de Arrendamiento de Inmuebles Destinados a Vivienda (Gazette 7.065): rent is free and can be set in US dollars, the deposit is up to 3 months, and only a court or an arbitrator can order an eviction. Leases that already existed still follow the 2011 law, with rent in bolívares and a prior administrative procedure before any eviction.

Which law applies to your lease

The new law was passed by the National Assembly on 31 July 2026 and published in Extraordinary Gazette 7.065 on 7 August 2026, taking effect on publication. Official The official Gazette PDF matches the published transcription word for word.

Home leases agreed after 7 August 2026: the new law (art. 2). Official
Leases that already existed: they “will continue to be regulated” by the 2011 Ley para la Regularización y Control de los Arrendamientos de Vivienda and the 2011 anti-eviction decree. The new law has no repeal clause: the 2011 law (Gazette 6.053 Extraordinary, 12 November 2011) and the anti-eviction Decree 8.190 (Gazette 39.668, 6 May 2011) were not repealed. Official
Excluded from the new law: a home the tenant already occupied under an earlier lease, for as long as that occupation lasts; vacant urban land; rural estates; businesses; hotels, motels, inns, properties for holiday or recreational seasons and other tourist accommodation; commercial, industrial, professional or teaching premises; and housing tied to a job. Official

Watch out: if your current tenant moved in under an old lease, signing a new contract with the same tenant probably does not move it to the new law, because article 2 excludes that occupation while it lasts. That is our reading, not a ruling. One law firm (Cedre, September 2026) argues that when a 2011 lease expires the relationship moves automatically to the 2026 law; it cites no ruling and clashes with the wording of article 2, so treat it as disputed. Reported Ask a lawyer before you rely on either view. Much of what was written before August 2026 (“rent can’t be in dollars”, “you must go through SUNAVI”) now applies only to old leases.

The 2026 law vs the 2011 law

Topic	New law (leases from 7 Aug 2026)	2011 law (older leases)
Rent	Free, set by the parties (art. 12) Official	Set by SUNAVI resolution, attached to the lease "on pain of nullity" (art. 53); no advance rent may be demanded (art. 67) Official
Currency	Can be in foreign currency; payable in bolívares at the BCV rate of the day if agreed (art. 14) Official	"Leases shall be made in national legal currency" (art. 54) Official
Deposit	up to 3 months, or an insurance policy (art. 16) Official	No security-deposit rule found in the text Official
Eviction for unpaid rent	3 consecutive rent periods (art. 23) Official	4 unpaid rents (art. 91) Official
Who decides an eviction	Municipal court or arbitration tribunal (art. 27) Official	Prior administrative procedure (arts. 94–96 and Decree 8.190, arts. 7–10), then court Official
Registration with SUNAVI	Not in the law Official	One of three copies goes to SUNAVI (art. 52); SUNAVI keeps a national rental registry (art. 20) Official

The new law, point by point

The contract and its length

It must be in writing, with the parties, the property, the term, the rent and how it is paid, and who pays each service (art. 8). Official
Notarizing it is optional; a private document is valid (art. 9). Official
Homes in high-risk zones, built with inadequate materials or from unfinished or demolished works cannot be rented out (art. 10). Official
The parties set the term. If the contract says nothing, it is 1 year; if nobody gives notice when it ends, it continues on the same terms. The law sets no notice period (art. 11). Official
Notices can be sent digitally if sending and receipt can be proven (art. 21). Reported

Rent in US dollars

The rent cannot change during the contract. At renewal the parties may agree an increase; if the rent is in bolívares, the increase “may not exceed” the BCV consumer price index for the period (art. 13). Official The law does not say how a dollar rent is adjusted at renewal. Reported Rent is paid monthly unless agreed otherwise (art. 14). Official Paying a dollar rent in bolívares is an alternative that needs the landlord’s agreement, at the exchange rate “published by the Banco Central de Venezuela” for the payment date; the tenant has no one-sided right to it. Official

For that rate, see the BCV exchange rate today. Many landlords abroad collect by transfer; see Zelle in Venezuela.

Deposit and its return

The landlord can ask for one of two guarantees: a damage insurance policy of up to 3 months’ rent, or a deposit of up to 3 months, in cash or into a bank account (art. 16). Official The deposit is returned within 15 calendar days after the lease ends, after inspecting the home, minus unpaid services and proven repairs (art. 18). Official A dollar deposit can be returned in bolívares at the BCV rate of the day if agreed. Official The law says the guarantee is to protect “the conservation of the property and the payment of services in arrears”; it does not expressly cover unpaid rent. Official

Repairs, services and condo fees

Unless the contract says otherwise: Official

Repairs above 30% of the monthly rent are the owner’s, unless the tenant caused the damage; repairs up to 30% are the tenant’s (art. 15).
The tenant pays electricity, water, gas, garbage, phone, cable, internet and anything else they contract (art. 19).
The owner pays the condominium fees and the urban property tax (art. 19).

Ending the lease and eviction

The owner can end the lease or ask for eviction for: unpaid rent “during three consecutive periods” (with monthly rent, three months); 3 consecutive months of unpaid services; subletting without consent; damage beyond normal use or unauthorized works; illegal or non-agreed use; abandonment; or any other cause agreed in the contract (art. 23). Official Before publication, El Diario reported “two months”; the published text says three periods. Official

The tenant can end the lease at any time; a compensation of up to 2 months’ rent can be agreed (art. 24). Official Disputes go to conciliation or mediation, arbitration, or the municipal courts where the property is, by the short procedure of the Civil Procedure Code, whatever the amount (art. 25). Official

Tenant’s right of first refusal

A tenant with more than 2 years in the home and up to date with rent and services has preference if the owner sells. The owner gives written notice of price and terms; the tenant has 15 days to answer in writing. If the owner later lowers the price or improves the terms, the offer must be repeated to the tenant (art. 20). Official Keep this in mind if you plan to sell from abroad a rented property.

Criticism of the new law

Acceso a la Justicia (1 September 2026) points out that three rules now coexist, that two regimes by contract date may clash with equality before the law, and that there is no way to move an old lease voluntarily to the new regime. Reported Lawyer Cora Farías called it a “good start” to restore legal certainty (El Diario, 4 August 2026). Reported The new law does not mention SUNAVI, but it does not abolish it either: we found no 2026 decree or Gazette abolishing or reorganizing it, and it keeps its role for old leases. Official Headlines about “the end of SUNAVI” are a law firm’s figure of speech. Reported As of November 2026 there is no regulation of the new law and no Supreme Court ruling interpreting it. Unconfirmed

Commercial premises and holiday rentals

Shops and offices still follow Decree 929 of 2014. It forbids setting rent in foreign currency (art. 41). Official In ruling 335 of 6 June 2024, the Civil Cassation Chamber accepted a dollar rent “as long as the tenant is allowed to pay” the equivalent in bolívares at the rate of the payment day. Official The deposit is up to 3 months, in an exclusive bank account. Official
Holiday rentals (Airbnb) are excluded from the 2026 law. We found no reliable source on a mandatory tourism registration for hosts. Unconfirmed

Before you rent out

Check what the property will really earn with the rental yield calculator, and remember condo fees are yours unless the lease says otherwise. If you are still buying, start with buying property in Venezuela. Rental income may be taxed in Venezuela and in your country of residence; ask an accountant.

We are not lawyers. This guide explains the law; for your own lease, have a Venezuelan lawyer review the contract.

Questions people ask

Can rent be charged in US dollars in Venezuela?

For home leases signed since 7 August 2026, yes: article 14 of the new law lets the rent be set in foreign currency, and if the parties agree the tenant can pay the equivalent in bolívares at the exchange rate published by the BCV for the payment date. For leases signed before that date, the 2011 law still applies, and its article 54 says leases are made in national legal currency.

Which rental law applies to my lease?

It depends on the date. Home leases agreed after the new law took effect on 7 August 2026 follow the new law. Leases that already existed keep following the 2011 law and the 2011 anti-eviction decree. Commercial premises follow Decree 929 of 2014, and holiday rentals are excluded from the new law.

How much deposit can a landlord ask for?

Under the 2026 law, either a deposit of up to 3 months' rent or a damage insurance policy of up to 3 months, not both. The deposit must be returned within 15 calendar days after the lease ends, minus unpaid services and proven repairs.

Does a landlord still need SUNAVI to evict a tenant?

Not under the new law. For leases signed since 7 August 2026, only a municipal court or an arbitration tribunal can order an eviction, and SUNAVI does not appear in the law. For older leases under the 2011 law, a prior administrative procedure (articles 94 to 96 of the 2011 law and Decree 8.190) must be completed before suing, and eviction for non-payment needs four unpaid rents.

Does the new law cover Airbnb or holiday rentals?

No. Article 2 excludes hotels, guesthouses and tourist or holiday accommodation. We found no reliable source on a specific registration rule for short-term hosts.

Sources checked on November 8, 2026

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