Eviction for non-payment: deadlines, grounds and options

This guide explains, for tenants and landlords of rental homes in Costa Rica, when late payment allows the landlord to seek an eviction (desahucio), what grace period the law gives, which other grounds open that process and what to do before it reaches court. It summarises the rules of the Ley General de Arrendamientos Urbanos y Suburbanos (Law 7527) and the practice that prevents most disputes: give notice early, negotiate and put everything in writing.

What is an eviction and when can the landlord seek one?

An eviction (desahucio) is the process through which the owner, whom the law calls the landlord, asks for the lease to be terminated and the property to be returned. Before looking at its grounds, it helps to know which contracts it covers. Under articles 2, 3 and 4 of Law 7527, that law governs every lease of real property, oral or written; it is a public-order law and the rights it gives tenants cannot be waived, so a clause that contradicts its mandatory rules is treated as unwritten. A verbal agreement is covered too.

The grounds are set out in articles 114 and 121 of that law: the landlord may ask, through eviction proceedings, for the lease to be terminated if the tenant fails to pay rent, does not keep the property in good condition, changes its use, refuses inspection or uses it abusively, among other grounds. Non-payment is the first on the list and the most common in practice. That is why late rent deserves attention from the first month: what starts as a delay of a few days can become the basis of a lawsuit if nobody deals with it.

Our reading: for the landlord, eviction is the last resort, not the first; a lawsuit takes time and, meanwhile, the home brings in no new income. For the tenant, knowing these grounds before signing helps avoid them. If you are comparing homes for rent in Costa Rica, read the contract with this list in mind: the payment day, the permitted use of the home and the inspection terms should be clear from the start.

When is rent due and what grace period does the tenant have?

Article 58 of Law 7527 sets three basic rules. First: rent is paid monthly unless otherwise agreed. Second: the tenant may pay within 7 calendar days after each period falls due. Third: in a residential lease, the landlord cannot demand more than one month's rent in advance. That 7-calendar-day window is what is known in practice as the grace period: a tenant who pays within it does so within the time the law allows.

Calendar days are the days on the calendar, with no exclusion for weekends or holidays, so it is wise not to leave payment for the last day. The prudent approach is for the contract to state clearly which day rent falls due each month, which account it is paid into and how the receipt is delivered. If you are a tenant, pay by bank transfer or against a signed receipt and keep every proof of payment: it is your best evidence if a dispute about a particular month arises later.

Our reading: late rent starts to weigh as a ground for eviction once the rent remains unpaid, and the law already gives a margin to pay after the due date. For the landlord, this means there is no point in pressing hard the day after rent falls due; what helps is to record the dates, send a written reminder and talk. For the tenant, it means the grace period is a margin, not a second due date that can be stretched month after month.

Which other grounds allow an eviction?

Non-payment is not the only ground. The table summarises those mentioned in the legal facts of this guide, with an example of how they usually look in a rented home in Costa Rica. The examples are illustrative: whether a specific case fits a ground is decided in the proceedings, not by this table.

Subletting has its own rule. Under Article 78 of Law 7527, the tenant cannot sublet or assign the lease without the landlord's express authorisation; if he does, the landlord may seek termination. Moreover, the landlord's mere tolerance creates no rights for the tenant or third parties until the limitation period runs. In other words, the landlord knowing that someone else lives in a room and saying nothing is not the same as express authorisation.

Our reading: damage and change of use are the grounds most often disputed, because they depend on the condition of the home at the start and on the use that was agreed. The best prevention is an inventory with photos when the home is handed over, signed by both parties, and a contract that states what the home is rented for. If the tenant wants to share the home or see clients there, the prudent step is to ask for written authorisation beforehand, not afterwards.

What can a tenant who falls behind do, and how should a payment plan be put in writing?

The practical rule is to act before the problem grows. A tenant who gives notice in time and proposes a concrete solution usually finds more willingness than one who lets months go by in silence. For the landlord, a well-made payment plan almost always costs less than a lawsuit. These are the steps we recommend:

1. 1
   Notify the landlord in writing, before the grace period ends, that you will not be able to pay in full, and explain why.
2. 2
   Propose an amount and dates you can really meet, while still paying the current month if you can.
3. 3
   Draft the plan: amount owed, number of instalments, date of each one, payment method and the signatures of both parties.
4. 4
   Pay each instalment on the agreed date and keep every receipt together with the signed document.
5. 5
   If the rent no longer fits your budget, agree an orderly exit with the landlord and look for another home in good time.

A payment plan cannot be used to make the tenant waive his rights. As noted, Law 7527 is a public-order law, the rights it gives tenants cannot be waived and a clause that contradicts its mandatory rules is treated as unwritten. That is why the document should be limited to what is owed and how it will be paid. If either party wants to add something more, such as handing back the home early, the prudent step is to have a lawyer review it before signing.

Our reading: when the delay is not a one-off but a sign that the rent has become too heavy, negotiating instalments only postpones the problem. In that case it makes sense to look calmly at cheap homes for rent in Costa Rica and plan an orderly move, with the settlement of what is owed in writing. Leaving in time and on good terms also protects the tenant's reference with the next landlord.

Why can't the landlord remove the tenant on his own?

Because the law gives the landlord a path, the eviction process, and forbids him from taking matters into his own hands. Article 26 of Law 7527 provides that, even if the contract says nothing, the landlord may not disturb the tenant or obstruct in any way the use of the rented property, except for urgent or necessary repairs. The phrase in any way is broad: it is not limited to one specific kind of conduct.

In practice, measures such as changing the lock, cutting off water or electricity, removing the tenant's belongings or entering the home without notice obstruct the use of the property and expose the landlord to a bigger dispute than the original arrears. Even when the debt is real, the prudent course is to document it and use the process the law provides, with a lawyer's advice. The only exception the rule mentions is urgent or necessary repairs, and even then it is wise to give written notice.

Our reading: some landlords, tired of late payments, end up wondering whether renting still makes sense for them. That decision calls for numbers, not impulse: before selling, check home prices in Costa Rica to get an idea of what is being asked today for a similar property, and compare it with the supply of homes for sale in Costa Rica. Meanwhile, the current lease and its rules still apply.

What happens to the deposit if rent is still owed?

The guarantee, usually called a deposit in Costa Rica, is not there only for damage. Under Article 59 of Law 7527, any guarantee attached to a lease, whatever its nature, answers for the rent and for every other obligation arising from the law or the contract, unless expressly agreed otherwise. If months remain unpaid when the lease ends, the guarantee answers for them, unless the parties have expressly agreed otherwise.

This does not mean the tenant can skip the last month and assume the deposit will cover it: the guarantee answers for several obligations at once, and if there is also damage or unpaid utilities, it may not be enough. The prudent approach is to agree in writing, at move-out, how the guarantee is settled: what is deducted, for what item and how much is returned. An inventory with photos at move-in and move-out prevents most disputes.

Our reading: for the landlord, the guarantee is a backstop, not a substitute for monthly collection; waiting until the end of the lease to recover several months from the deposit usually leaves a shortfall. For the tenant, keeping payments up to date is the safest way to get the full guarantee back on leaving. Remember too that, in a residential lease, Article 58 of Law 7527 prevents the landlord from demanding more than one month's rent in advance.

What we would do before it reaches court

• Set out in the contract the payment day, the account and the permitted use of the home, and sign an inventory with photos at handover.
• As a tenant, give written notice before the grace period ends and propose a payment plan signed by both parties.
• As a landlord, record every late payment, send written reminders and, if there is no agreement, use the eviction process with a lawyer; never change locks or cut off utilities.
• Settle the guarantee in writing when the lease ends, detailing what is deducted and what is returned.
• If renting no longer works for you, calmly compare the supply of cheap homes for sale in Costa Rica before deciding your next step.

Frequently asked questions

Do these rules apply if the lease was verbal?

Yes. As the first section of this guide explains, Law 7527 governs every lease of real property, whether oral or written. The practical difference is evidence: without a document it is harder to show what was agreed, so it is wise to keep payment receipts and messages.

Can the landlord ask for several months in advance to avoid arrears?

In a residential lease, no. Under Article 58 of Law 7527, the landlord cannot demand more than one month's rent in advance. The guarantee is a separate matter: it answers for the rent and for the other obligations of the lease, unless expressly agreed otherwise, as explained in the section on the guarantee.

If the landlord knows about a sublet and says nothing, is it authorised?

No. Article 78 of Law 7527 requires the landlord's express authorisation to sublet or assign the lease, and his mere tolerance creates no rights for the tenant or third parties until the limitation period runs. If you want to share the home with someone who pays part of the rent, the prudent step is to ask for that authorisation in writing before doing so.

This guide summarises rental practice in Costa Rica and the rules of Law 7527 in force in November 2026. It does not replace the advice of a lawyer or a notary, whom it is wise to consult before signing a payment plan, starting an eviction or responding to one.