Eviction process in costa rica | Landager
Learn about eviction process in costa rica and other essential property laws in Costa Rica. Stay compliant with our expert legal guide.
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This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Evicting a tenant in Costa Rica is a strictly judicial process governed primarily by the General Law of Urban and Suburban Tenancies (Law No. 7527), effective since August 17, 1995. You cannot simply change the locks or throw belongings on the street. The "Proceso Monitorio Arrendaticio," established by the Code of Civil Procedure (Law No. 9342), was designed to speed up evictions specifically for non-payment, but it still requires a court order and the presence of the public force for the final eviction. One of the most common mistakes landlords make is attempting to cut off electricity or water. In Costa Rica, these are considered basic human rights (Art. 21 of the Constitution), and interfering with them can lead to "Recurso de Amparo" filings against the landlord, potentially stopping the eviction process entirely. If you are evicting a tenant because the 3-year term has expired, you must give notice at least 3 months in advance (Art. 71, Law 7527). Failing to provide this notice leads to the automatic renewal of the lease for another 3 years under the same conditions.
Deep Dive: The Judicial Path to Eviction
In Costa Rica, the "Proceso de Monitorio Arrendaticio" (Art. 103.1, Law 9342) is the primary legal mechanism for evicting tenants due to non-payment of rent. It was designed to be faster than traditional lawsuits, but it still requires strict adherence to procedural steps.
Notice of Default and Notification
While the law technically allows eviction after one day of non-payment (plus a 7-day tolerance period per Art. 58 of Law 7527), most judges look for a pattern of default. The biggest hurdle in any Costa Rican eviction is the "notification." A court official must physically hand the notice to the tenant (Art. 18, CPC). If the tenant hides or the property is gated, this step alone can take weeks or months. Landlords often use private notaries to assist in the notification process to ensure legal validity.
Costs of Local Eviction
Landlords should be prepared for the financial cost of an eviction. You will need to pay for legal representation, court fees, and eventually, the logistics of the public force (police) during the final move-out. It is estimated that a full eviction process can cost between $1,500 and $3,000 in legal fees alone, depending on the complexity and the tenant's resistance.
Abandoned Property and Security
If a tenant vanishes and leaves belongings behind, you cannot simply throw them out. You must inventory the items with a notary and store them safely. If you fail to do this, the tenant can sue you for "damages and losses" (lucro cesante) after the fact. Always seek a "Judicial Inventory" as part of your eviction execution to protect your liability.
How Landager Helps
Landager tracks lease terms, automated rent reminders, and document expiration - making it easy to stay compliant with Costa-rica regulations.
Sources & Official References
Frequently Asked Questions
▶What is the legal eviction process for landlords in Costa Rica?
The eviction process in Costa Rica requires landlords to follow formal legal procedures. Valid grounds typically include non-payment of rent, lease violations, or the landlord's personal use of the property. Landlords must provide proper written notice, allow any required cure periods, and may need to obtain a court or tribunal order. Self-help evictions are generally prohibited.
▶What are the key landlord-tenant laws in Costa Rica?
Costa Rica's rental market is unique due to the strict 3-year minimum term rule. As a landlord, you should know that even if you sign a 12-month lease, your tenant legally has the right to occupy the property for a full three years, provided they fulfill their obligations. This stability is a cornerstone of the Ley de Arrendamientos Urbanos y Suburbanos (Law 7527). When it comes to rent currency, Costa Rica allows leases in both Colones and US Dollars. However, the rules for increases differ significantly. For housing leases in Colones, increases are capped by the Consumer Price Index (IPC) and cannot exceed 10% unless inflation is higher. For leases in USD, the rent is typically fixed for the entire 3-year term unless the parties explicitly agreed on a different structure that complies with the law. Understanding the "Proceso de Monitorio Arrendaticio" is also vital. This is the accelerated legal process used for evictions due to non-payment of rent. While faster than traditional lawsuits, it still requires following precise notice and filing steps. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What are the rent increase limits and caps in Costa Rica?
Costa Rica has specific rules governing when and how landlords can increase rent. These rules may include caps on the percentage of increase, minimum notice periods, and restrictions on frequency. Landlords must comply with all applicable regulations when raising rent on existing tenancies.
Read the complete guide▶What are the security deposit rules and return deadlines in Costa Rica?
Costa Rica has rules governing how much landlords can charge as a security deposit, how deposits must be held or protected, and the timeline for returning deposits after a tenancy ends. Landlords must provide itemized statements of any deductions and comply with all statutory deadlines to avoid penalties.
Read the complete guide▶What are the mandatory lease requirements in Costa Rica?
Lease agreements in Costa Rica must comply with applicable national and local laws. Required elements typically include the names of both parties, property description, rent amount and payment terms, deposit details, lease duration, and maintenance responsibility allocation. Written leases may be required for certain tenancy types or durations.
Read the complete guide▶What are the landlord maintenance and repair obligations in Costa Rica?
Landlords in Costa Rica are generally required to maintain rental properties in a habitable condition, keeping the structure, plumbing, electrical systems, and essential services in proper working order. The specific allocation of maintenance responsibilities between landlord and tenant should be clearly documented in the lease agreement.
Read the complete guide▶What are the late fee and penalty rules for rental properties in Costa Rica?
Costa Rica has specific rules regarding late fees and penalties for overdue rent. These may include mandatory grace periods, caps on late fee amounts, and restrictions on interest charges. Late fee provisions should be clearly stated in the lease agreement and must comply with local regulations to be enforceable.
Read the complete guide▶What property disclosures are landlords required to make in Costa Rica?
Landlords in Costa Rica must disclose relevant information about the property to prospective tenants before the lease is signed. Required disclosures typically include known material defects, environmental hazards, previous damage history, and any conditions that could affect the tenant's use and enjoyment of the property.
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