With a substantial amount of rental properties in Costa Rica, it is important for property owners who rent their properties out to be aware of the 'Leasehold Abbreviated Procedure' (Law 9160) which addresses evictions, the related legal process, and how it is backed up by the courts. This Law is aimed at providing protection to all rental property owners.
The Civil Courts, where the leased property is located, maintain jurisdiction over the civil process of an eviction. The parties are: the owner, lessor, possessor in lawful title suing the lessee, subtenant, or transferee (Article 5).
Claims can be processed in two specific scenarios: a) expiration of the contract term (express statement of not renewing the contract and b) nonpayment of rent, public services or the HOA condo fees (Article 1).
The lawsuit must contain the following (Article 3):
- Succinct statement of the facts
- Fundamental laws
- Rent amount and due date of payment
- Grounds or legal reason–only expiration of the term of the contract or non-payment of rent (public services or condo fees are allowed)
- Details and any available proof of where the property is located.
There are several steps involved in the eviction process.
In part 2 will continue and provide more details about the eviction process