Tenant rights and duties in Costa Rica: what the law says
Renting a house in Costa Rica creates a relationship with precise rules: the tenant pays on time and takes care of the home, and the landlord keeps it in good condition and respects its use. This guide explains, for those who rent and those who rent out, what the law says about payment, repairs, inspections, subletting, improvements and living with neighbors, and how to put every agreement in writing.
What rights a tenant has in Costa Rica and which law protects them
In Costa Rica, renting a home does not depend only on what the contract says. Under articles 2, 3 and 4 of the Ley General de Arrendamientos Urbanos y Suburbanos (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. For the tenant, this means that signing is not the same as giving up what the law grants; for the landlord, that it pays to draft the contract within those limits.
The first right is to use the house in peace. Article 26 of that law 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. Other rights, developed in the sections of this guide, add to that one: the landlord carries out the necessary repairs without raising the rent, the monthly payment has a grace period, and inspections of the home have rules on frequency and hours.
The tenant's duties are the other side: paying the rent, keeping the house in good condition, answering for the damage he causes and not subletting without permission. Before signing, it is worth reading the contract with this list in hand. The guide on the rental agreement in Costa Rica: what it must say, what is void reviews its clauses, and the article on tenant rights against abusive rental conditions explains what to do if the contract imposes something disproportionate.
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When rent falls due and what grace period the tenant has
Article 58 of Law 7527 provides that rent is paid monthly unless otherwise agreed, and that the tenant may pay within 7 calendar days after each period falls due. The due date is normally set by the contract; that is why it should state clearly the date, the amount, the currency and the payment method. Since the 7 days are calendar days, every day on the calendar counts, including weekends and public holidays.
The same article adds that, in a residential lease, the landlord cannot demand more than one month's rent in advance. That rule refers to rent paid in advance. If you are also asked for another sum when moving in, such as a deposit, the prudent course is to have it in writing with its amount and the conditions for returning it, and to consult a lawyer if the sum seems excessive.
Having a grace period does not mean it is wise to use it every month. Always paying on the agreed date, by bank transfer or against a signed receipt, leaves a record that helps the tenant if a dispute ever arises and gives the landlord the certainty of being paid on time. To work out how much of the budget goes to rent and move-in expenses, the guide how much it costs to rent a house in Costa Rica gathers the usual costs.
Who pays for repairs: normal wear or damage by the tenant
The basic rule is in articles 33 and 34 of Law 7527: the landlord must carry out, without raising the rent for it, the repairs needed to keep the property in good condition, including wear from use or the passage of time unless otherwise agreed. There are two exceptions: the damage is the tenant's fault, or the law or the contract assigns that repair to the tenant. A roof that leaks with age or an old pipe that bursts falls, in principle, under the first rule.
On the tenant's side, articles 47 and 50 of that law provide that he must keep the property in good condition, that he is liable for damage caused by his own fault or negligence or that of the people who live with him or visit him, and that he must repair the damage caused by people who live in or visit the property. A window broken by a blow or a door damaged through carelessness usually falls on his side. The table summarises who is responsible in each case.
| Situation | Who is responsible | Basis |
|---|---|---|
| Repair needed to keep the house in good condition | Landlord, without raising the rent | Articles 33 and 34 |
| Wear from use or the passage of time, unless otherwise agreed | Landlord | Articles 33 and 34 |
| Repair that the law or the contract assigns to the tenant | Tenant | Articles 33 and 34 |
| Damage caused by the tenant's fault or negligence | Tenant | Articles 47 and 50 |
| Damage caused by people who live with or visit the tenant | Tenant | Articles 47 and 50 |
When the repair is urgent and is the landlord's duty, article 35 of Law 7527 gives the tenant a way out: if he notified the landlord of the repair and the landlord does not start the work within 10 business days, barring force majeure, the tenant may do it at the landlord's expense and withhold its cost plus interest at the Banco Central's basic deposit rate from the rent, or ask for the lease to be terminated with damages. The practical steps are these.
- Document the damage with photos and the date it appeared.
- Notify the landlord of the repair in writing and keep proof that he received it.
- Count 10 business days from the notice and note whether the landlord started the work.
- If he did not, get quotes and keep the invoices before withholding the cost from the rent.
- If in doubt about whether the repair is urgent or whether to seek termination, consult a lawyer.
When the landlord does not respond, or responds late, the article on tenant rights regarding repairs not made by the landlord covers the most frequent cases. For the landlord, the lesson is the opposite: attending promptly to a notice of urgent repair keeps the tenant from doing the work himself and deducting it from the rent.
When the landlord may enter the rented house
The landlord does not lose all contact with his house, but his visits have rules. Under article 51 of Law 7527, the landlord may inspect the home once a month, or when circumstances warrant it, during daytime hours and in the presence of the tenant or another adult who is in the house. If the tenant refuses after 2 formal notices, the landlord may seek termination of the lease. Inspection is therefore a right of the landlord and a duty of the tenant, with limits for both.
Outside those inspections and urgent or necessary repairs, the rule of article 26 applies: the landlord may not disturb the tenant or obstruct the use of the house. Arriving at night or showing up when no adult is in the home does not fit the conditions of article 51. The topic is covered further in the article on the right to privacy in rentals and in the one on the legal aspects of home privacy.
In practice, the best inspection is a coordinated one: a message a few days in advance, an agreed time and a brief review of what matters, such as the condition of roofs, pipes and walls. If the landlord wants to enter more often, he should explain in writing what circumstance justifies it, and the tenant should also reply in writing.
What the tenant may change: subletting, improvements and alterations
Article 78 of Law 7527 is clear: the tenant cannot sublet or assign the lease without the landlord's express authorisation; if he does, the landlord may seek termination, and the landlord's mere tolerance creates no rights for the tenant or third parties until the limitation period runs. Renting a room to someone else or handing the house over to a third party without express permission is therefore a risk for the tenant, even if the landlord knows and says nothing. The details are in the article on the legal aspects of subletting.
For improvements and alterations, such as painting in another color, installing a water heater, fitting a fixed curtain or changing a lock, the prudent course is to ask for the landlord's authorisation in writing before starting. That same document should state who pays, whether the improvement stays in the house when the lease ends and in what condition the home will be returned. If the change is large or costly, consult a lawyer or a notary about how to agree on it. An orderly agreement follows these steps.
- Describe the change you want to make, with photos of the current condition of the house.
- Send the proposal to the landlord in writing, with the quote and who will pay for it.
- Wait for a written reply before buying materials or hiring labour.
- Agree on whether the improvement stays in the house or is removed when the lease ends.
- Keep the agreement together with the contract and the invoices for the work.
How to use common areas and what to do about problems with neighbors
Those who rent in a condominium live under two sets of rules: their contract with the landlord and the condominium's bylaws, which usually regulate common areas, parking, pets, noise hours and visitor access. Before signing, ask for a copy of the bylaws and whether there are access permits you must arrange. The prudent course is for the contract to state who pays the maintenance fee and how the tenant will be told about changes to the bylaws.
In common areas the same approach as inside the house applies: take care of them and answer for what gets broken. Remember that, in the home, the tenant is liable for damage caused by the people who live with him or visit him; applying that same care at the pool, the party room or the gardens avoids conflicts with the management and with the landlord. Telling visitors about the condominium's rules before they arrive prevents most misunderstandings.
When there is a problem with a neighbor, such as noise, a leak coming from the house next door or a car blocking the parking space, the practical approach is to proceed in stages: a direct and respectful conversation; if that does not work, a note to the condominium management or to the landlord; and, if the problem continues, a written record with dates and photos. If the problem affects the house, such as water seepage, also notify the landlord in writing, because it may be a repair that is his duty. If the conflict persists, consult a lawyer.
What we would do before and during the lease
- We would read the contract before signing and flag any clause that clashes with the tenant's non-waivable rights.
- We would pay on the agreed date, always with a receipt, and keep the grace period for an emergency.
- We would notify every repair in writing, with photos and the date, and keep proof that the landlord received it.
- We would ask in writing for authorisation for any improvement, sublet or assignment, even if the landlord says he does not mind.
- We would compare options among the homes for rent in Costa Rica and ask the landlord, before signing, how he handles repairs and inspections.
Frequently asked questions
How can you keep a good relationship with the landlord?
The foundation is written, orderly communication. Agree on a single channel for notices, such as email or a message, and use that channel to report repairs, coordinate inspections and ask for authorisations. Keep the payment receipts and take photos of the condition of the house when moving in and moving out. A landlord who gets paid on time and receives clear notices usually responds in kind, and a tenant with everything documented is better prepared if a disagreement arises.
Is an oral rental agreement valid?
Law 7527 governs every lease of real property, oral or written. Even so, a written contract makes it easier to prove the amount, the payment date, the term and any special agreement, such as who pays for a repair or an improvement. If you currently rent under an oral agreement, consider putting it into a document signed by both parties.
Can the landlord ask you for several months of rent in advance?
In a residential lease, the landlord cannot demand more than one month's rent in advance, under article 58 of Law 7527, already explained in the section on payment. If you are asked for more than one month in advance, ask in writing what each sum is for and, if in doubt, consult a lawyer before paying.
What happens if the landlord knows about the sublet and says nothing?
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 about the sublet and staying silent does not replace the express authorisation the law requires, and the landlord may seek termination of the lease. If you want to sublet part of the house, ask for that authorisation in writing before doing so.
This guide, updated in November 2026, summarises residential rental practice in Costa Rica and the rules of Law 7527 in the articles cited. It does not replace the advice of a lawyer or a notary, who should be consulted about a specific contract, a disputed repair or a conflict with the landlord or the neighbors.
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