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Puerto Rico Landlord - Tenant Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law, Elder Law and Landlord - Tenant for Puerto Rico on
Q: ¿Qué sucede si un contrato de arrendamiento, promesa de venta con opción a compra, no contiene el pago de una prima?

¿Qué sucede si una persona envejeciente (de 84 años) firma un contrato de arrendamiento con promesa de venta y por desconocimiento, no le pidió al optante el pago por la exclusividad para guardarle la propiedad que le quiere vender? El envejeciente alega que de haberlo sabido, hubiese requerido... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 10, 2024

El Código Civil estipula que se presume que todo adulto es capaz. Si el envejeciente desconocía del proceso, pudo haber solicitado que un abogado de su confianza revisara el contrato de opción previo a firmar. Sin tener a mano el contrato de opción, la otra defensa que tendría el envejeciente... View More

1 Answer | Asked in Contracts, Real Estate Law, Elder Law and Landlord - Tenant for Puerto Rico on
Q: Posibilidad de rescindir contrato de arrendamiento con promesa de venta, medie justa causa o no, en Puerto Rico.

Mi mamá hizo un contrato de arrendamiento con promesa de venta a una inquilina, pero mi mamá fue desalojada de un hogar que alquilaba. Por esto, necesita recobrar su propiedad para vivirla. Ella consiguió una casa de emergencia, bajo contrato 'house sitter', pero por 5 meses, y la... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 25, 2024

La cláusula de reembolso por mejora surge del Artículo 298 del Código Civil de Puerto Rico de 1930, ahora Artículo 763 del Código Civil de Puerto Rico de 2020. Por lo que usted indicó en su texto anterior, su mamá jamás autorizó la mejora permanente. Esto no es lo mismo a que ella... View More

1 Answer | Asked in Civil Litigation, Contracts, Elder Law and Landlord - Tenant for Puerto Rico on
Q: What is just cause to terminate a contract of promise to sell a property?

My mother, in Puerto Rico, was evicted from a house she rented, and she promised her property to a tenant with a promise of sale, but my mother, 83 years old, needs it to live in. Can her eviction and her age be just cause for not selling the property and recovering it? Additionally, the tenant... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 25, 2024

In principle, destructing parts of a leased real estate property, especially if the rental contract has a clause against it, may be grounds for cancelling a lease and evicting the tenant. Your question does not state whether the tenant is the person with whom your mother signed the contract promise... View More

1 Answer | Asked in Landlord - Tenant for Puerto Rico on
Q: In Puerto Rico can my social security check can be garnished to pay a month of rent if that’s my only income?
T. Augustus Claus
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answered on Nov 27, 2023

In order to garnish your Social Security benefits, your landlord must first obtain a judgment against you in court. Once the landlord has a judgment, they can then file a garnishment order with the Social Security Administration. The Social Security Administration will then withhold a portion of... View More

2 Answers | Asked in Contracts, Arbitration / Mediation Law, Elder Law and Landlord - Tenant for Puerto Rico on
Q: How can I identify if my mother's rights were violated in a property purchase contract? She's an elderly woman.

To whom it may concern,

Seeking urgent help regarding a potential violation of my mother's rights in a lease agreement. She co-owns a property in Puerto Rico and signed an exclusive lease with a tenant. Unauthorized alterations were made by the tenant, including demolishing the kitchen... View More

James L. Arrasmith
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answered on Oct 23, 2023

Certainly, Mr. Pérez. In general, a tenant cannot make significant alterations to a property without the landlord's permission, especially if it affects the property's value or usability. If your mother's lease agreement specifies that alterations or improvements require her consent... View More

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Puerto Rico on
Q: I had to break my contract early and I paid up to the last month I stayed.

Landlord will keep security deposit for breach of contract but still wants me to pay the full amount of the lease term. Landlord has a new tenant in the unit. Can the landlord legally ask me for money while receiving money from the new tenant?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 6, 2023

Your question does not state if the lease contract was signed in Puerto Rico. Nevertheless, what's valid is not whether he leased the residence to a new tenant, but rather what you agreed to in your lease contract. If said contract has a penalty clause for early termination, then your ex... View More

1 Answer | Asked in Personal Injury and Landlord - Tenant for Puerto Rico on
Q: I a 68 y/o lady suffering from the sequela of an assault at an Égida. Can I sue the landlord for damages? Thank you

I have lived at the privately owned/ government subsidized Égida for moderate income seniors for 5 yrs. and had complained to the mgmt./ landlord , for months, about my 4 attackers for harrassment and the lack of security cameras.The physical assault , per se, occurred Nov/24/2022 @ 7:16 pm and I... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 22, 2023

You can sue on or before November 24, 2023. The statute of limitation for this cause of action is one year after the events. I advise that you retain an attorney, who may extend the term by notifying the landlord by way of an extrajudicial letter.

You may procure legal representation...
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1 Answer | Asked in Real Estate Law, Landlord - Tenant and Contracts for Puerto Rico on
Q: Hoa issues in Puerto Rico

The Hoa president is now requiring all those that rent subscribe and acquire a hotel # whether you a business or not n also charging a fee of $150:for damages of guest. First can she force you to register and ask for the # and can she collect a damage fee per guest?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 22, 2023

There is no way to address your question for lack of additional information. I recommend that you revisit the rental contract or sales deed (as may be the case) and peruse to identify what is said regarding future additional fees. If you signed a contract or deed that includes the possibility of... View More

1 Answer | Asked in Landlord - Tenant for Puerto Rico on
Q: I rented an apt in Puerto Rico. The landlord assured me the place had been fumigated.

He assured me it was fumigated because I pointed out there were two empty one gallon jugs present at the viewing. Over the first two months the bugs were so thick I would awaken at night with bugs covering me. I stayed a total of ten days in two months complaining they needed to handle it. Can I... View More

Elaine Shay
Elaine Shay
answered on Aug 1, 2022

Since laws vary by jurisdiction and the apartment is in Puerto Rico, you will need to direct your question to a board with attorneys admitted to practice in Puerto Rico instead of New York.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Puerto Rico on
Q: Rented my home in San Juan PR and the tenant never lived at the home .Lives in Phil. How do I file eviction notice?

Rented my home. Tenant hasn't paid March - May rent and does not live at the place. How do I file an eviction for someone who doesn't live at residence but lives in Philadelphia

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 18, 2022

I'm assuming that the eviction is being made by way of Public Law 86 of 2011 before a Court of Law in Puerto Rico. In that event, a dunning letter should be mailed to the lessee by certified mail to his/her last known address (if Philadelphia address is known, mail to said address). If no... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Puerto Rico on
Q: My landlord is selling my rental home, can new owner come in and remove my personal property? How long do I have to go?

Landlord sent text: Buenos dias. Para informarle que la casa fue opcionada y el comprador debe cerrer el préstamo a fin de este mes. Le informo para que haga los arreglos pertinentes. Me gustaria que confirme que recibio este mensaje. Gracias .

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 8, 2022

I have no knowledge of the case you're referring to. If your message is destined for a specific attorney, you should email him or her directly.

1 Answer | Asked in Contracts and Landlord - Tenant for Puerto Rico on
Q: My contract is for a year, I'm in month 7 and he wants to raise the rent. Can he legally do that?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 30, 2021

The answer your question may be available within the very contract that you signed.

Under normal circumstances, the monthly rent is fixed during the lease term (of one year). Under normal circumstances, any change to the contract during its term may only be valid with prior written consent...
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Puerto Rico on
Q: My M-i-L has a property in PR with 2 tenants, neither have contract. She is interested in selling the house. Any issue?

One tenant on main floor and other on 2nd floor is her granddaughter (i.e. my niece) with her boyfriend whom has a child (not my niece's child). What steps can MiL take to sell the property?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 11, 2020

Hello and thank you for using Justia. No contract, no legal issues. Your M-i-l Just needs to list the property and sell it.

If you need additional information please feel free to contact me directly.

2 Answers | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Puerto Rico on
Q: My uncle has passed away in PR. A female has been staying there rent free. The heirs want her to vacate. Please advise.

We dont want to create unnecessary duress for either parties.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Apr 6, 2020

Hello and thank you for using Justia. The legal process to be followed is to first get your beloved Uncle's property registered under the Estate's name. Once the property is registered in the names of the Inheritors (Estate) then they will have to file an evictión procedure (Desahucio)... View More

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2 Answers | Asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Puerto Rico on
Q: my father has built a house for me to eventually inherit in PR. problem is my mother says her name is in the paperwork

for the land (not house itself) she did not put any monies into purchasing the land or construction. I have never seen any paperwork and want to find out how I can get all the information regarding the house. Does she have any rights over me for the house?. She does not allow me to do any repairs... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jan 1, 2020

Hello and thank you for using Justia. Happy New Year. If your parents we're legally married at the time of purchase of the land and constructión of the house without any prenupcial agreement, then most likely yes your Mother is half owner of the house and property. You Will need to verify the... View More

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1 Answer | Asked in Contracts, Civil Litigation, Landlord - Tenant and Small Claims for Puerto Rico on
Q: How much does it cost to file a small claims case in Boquerón, Puerto Rico?

Is it proper to file in small claims court to be released from a rental contract paid 1 year in advance? There was a breach of contract by landlord. We're looking to get our rental fees for the rest of the term of contract.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Nov 15, 2018

Hello and thank you for using JUSTIA. The case needs to be filed in the district court due to the amount and matter being claimed. You would file a breach of contract case. The costs are $750.00 retainer and 20% of the amount recovered. The amount placed by the court as legal fees would be... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Puerto Rico on
Q: If I am a renter in Puerto Rico and my landlord doesn’t help fix things in apartment how can I leave the contract?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Oct 22, 2018

Good afternoon and thank you for using JUSTIA. The landlord is required by law to repair certain fixtures of said property. You can either use the rental payment to do the repairs or you can notify the landlord that you intend to move at the end of the next month if said needed repairs are not... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Puerto Rico on
Q: for several years now, my husband's sister has been staying in our home in Puerto rico while we stay in our home in NY.

She has been staying there rent free and without a lease or contract. She asked us to let her stay at our home since she needed to get back on her feet and had children. She said she would get her own place as soon as she got a job. Her children are grown now. Its several years later. She has... View More

Barry E. Janay
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answered on May 3, 2017

Start proceedings to evict her, a local landlord and tenant attorney can help.

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1 Answer | Asked in Landlord - Tenant for Puerto Rico on
Q: Can i warn my tenant that if no contact is possible i'm going to use a lawyer?

I'm trying to contact my tenant unsuccessfully for unpaid rent. I can see he reads the messages but doesn't reply nor answer the phone, which is unusual. Can i warn him that if no contact is possible i'm going to use a lawyer?

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 2, 2015

Yes. Why do you think that there is a problem with that? You should use a lawyer. You might need to evict the tenant.

1 Answer | Asked in Landlord - Tenant for Puerto Rico on
Q: My tenants has not paid rent for several months - how can I evict them?
Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers
answered on Nov 29, 2012

You must sue them in an eviction action and probably along with a collection of money action.

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