Countries › Peru › Guide › 11. Real estate and land › Residential and commercial leases in Peru: freedom of contract, the 10 year cap, termination for non payment, sale of the leased property and notarial eviction under Ley 30933

Residential and commercial leases in Peru: freedom of contract, the 10 year cap, termination for non payment, sale of the leased property and notarial eviction under Ley 30933

Last verified: 2026-10-28 · Status: Stable

Leases in Peru are largely free contracts under the Civil Code: fixed terms cannot exceed 10 years, rent is paid monthly unless agreed otherwise, and a fixed term ends automatically, with a holding over tenant owing the agreed penalty or the last rent until it leaves. A buyer of the property must respect the lease only if it was registered with SUNARP or the buyer agreed to it. Leases signed in a notarial deed or the official FUA form with an advance consent to eviction and a rent payment account can use Ley 30933's notarial eviction, with a 5 business day reply period before a magistrate orders the eviction within 3 business days.

USD figures use S/ 3.452 per US dollar, the banking system selling rate published by the Superintendencia de Banca, Seguros y AFP for 27 October 2026, from the Banco Central de Reserva del Perú statistics series PD04640PD. UIT based amounts use the 2026 UIT of S/ 5,500 set by Decreto Supremo Nº 301-2025-EF, as cited in SUNAT Resolución de Superintendencia Nº 000016-2026/SUNAT. Conversions are for orientation only.

Key facts

Maximum fixed lease term	10 yearsCódigo Civil art. 1688, as of 2026-10-28 · in force
Non payment that allows termination (monthly rent)	Previous month unpaid plus one more month and 15 days textCódigo Civil art. 1697, as of 2026-10-28 · in force
Buyer of leased property bound by the lease	Only if registered or the buyer agreed textCódigo Civil art. 1708, as of 2026-10-28 · in force
Tenant's reply period in notarial eviction	5 business daysLey 30933 art. 8.2, as of 2026-10-28 · in force
Days for the magistrate to order eviction after the notary's file	3 business daysLey 30933 art. 9.2, as of 2026-10-28 · in force

The rule

1. A lease is a contract by which the landlord temporarily assigns the use of an asset to the tenant for agreed rent. A co owner of an undivided property cannot lease it without the consent of the other co owners.Código Civil, Decreto Legislativo Nº 295 (published 25 July 1984), Art. 1666 and art. 1669, 1984-07-25 official text · verified 2026-10-28

2. The tenant must receive and look after the property, use it for the agreed purpose, pay rent on time and, absent agreement, monthly at its domicile, pay utilities, allow justified inspection on seven days' notice, not make changes without consent, not sublease or assign without the landlord's written consent, and return it at the end in the same condition except for ordinary wear.Código Civil, Art. 1681, 1984-07-25 official text · verified 2026-10-28

3. A lease can be for a fixed or indefinite term. A fixed term cannot exceed ten years, or six years where the property belongs to public entities or incapacitated persons, and longer terms are reduced to those limits. An indefinite lease runs by months or by the rent period, and ends by judicial or extrajudicial notice from either party.Código Civil, Art. 1687, art. 1688, art. 1690 and art. 1703, 1984-07-25 official text · verified 2026-10-28

4. A fixed term lease ends on its expiry without notice. If the tenant stays on, there is no tacit renewal but a continuation on the same terms until the landlord asks for the property back, which it may do at any time. After expiry or notice, a tenant who does not return the property owes the agreed penalty or, failing that, an amount equal to the last period's rent until actual return, without the lease continuing.Código Civil, Art. 1699, art. 1700 and art. 1704, 1984-07-25 official text · verified 2026-10-28

5. The lease can be terminated if the tenant has not paid the previous month's rent and another month and fifteen days pass (or, for periods longer than a month, one period plus fifteen days; for periods shorter than a month, three periods), if the property is used for a different purpose, if it is sublet or assigned without written consent, or if either party breaches its obligations.Código Civil, Art. 1697, 1984-07-25 official text · verified 2026-10-28

6. If the leased property is sold, a buyer must respect a registered lease and steps into the landlord's position; if the lease is not registered, the buyer may end it, unless it agreed to respect it. When the lease ends because of the sale, the landlord owes the tenant damages.Código Civil, Art. 1708 and art. 1709, 1984-07-25 official text · verified 2026-10-28

7. The notarial eviction procedure is available to owners, landlords and anyone entitled to the return of the property against a tenant who expressly submitted to it, for expiry of the term or termination for non payment. The lease must be in the FUA form created by Decreto Legislativo Nº 1177 or in a public deed (for housing, commerce, industry or other uses), contain an advance consent by the tenant to return the property, an express submission clause, and the number, type and currency of a bank or supervised cooperative account for rent; amendments need the same form. Rent to own contracts, financial leases and other contracts that include payments to acquire the property are excluded.Ley Nº 30933, Ley que regula el procedimiento especial de desalojo con intervención notarial (El Peruano 24 April 2019), Art. 2, art. 4 and art. 5, 2019-04-24 official text · verified 2026-10-28

8. The landlord sends a notarial letter demanding return, then files with a notary in the province. The notary notifies the tenant, who has five business days to prove it is not in breach; it may object only on a renewal in the same form, proof of rent deposits in the agreed account, or failure of the legal formalities. If a ground is confirmed, the notary issues a non contentious record that is an enforceable title and sends the file to the district magistrate (juez de paz letrado), who within three business days orders the eviction, including forced entry if needed, with an appeal that does not suspend it; the police must assist within two business days. Costs and notary fees can then be claimed from the tenant.
Cost to do it: Notary fees are set by each notary; the judicial stage needs a lawyer's signature and the court fee. No official fee schedule was verified.Ley Nº 30933, Art. 6, art. 7, art. 8 and art. 9, 2019-04-24 official text · verified 2026-10-28

Lease form	Clauses	Route	Timing in the law
Private document	Any	Ordinary court eviction	Not set by these laws
Public deed or FUA	Advance consent to eviction, submission to Ley 30933, rent account	Notarial eviction then magistrate	5 business days reply; order within 3 business days; police within 2 business days
Public deed or FUA without those clauses	Missing	Ordinary court eviction	Not set by these laws

Which eviction route?

Worked example

An investor leases an office to a startup for five years at S/ 8,000 a month (about US$2,317.50) in a public deed with a Ley 30933 clause and a BCP rent account, and registers the lease with SUNARP. If the building is sold, the buyer must respect the lease. If the tenant stops paying in March and April passes plus fifteen days, the investor can terminate, send a notarial letter and start the notarial eviction.
Had the lease been a private document, a buyer could end it and the investor would need an ordinary court eviction.

Step by step

Sign the lease as a public deed or FUA if quick eviction matters; include the advance consent to eviction, the Ley 30933 submission clause and a named rent account.
Register long leases with SUNARP so a future buyer is bound.
Collect rent only through the agreed account, since the notary considers only deposits in that account; notify any change of account by a dated means.
Before suing for non payment, count the Civil Code period (one month plus 15 days after the unpaid month) and send a notarial letter.

Common traps

A fixed term longer than ten years is cut to ten.
Staying on after expiry is not renewal: the landlord can demand return at any time, but rent and penalty keep running until return.
Rent paid in cash or into another account can defeat a notarial eviction for non payment, because the notary looks only at deposits in the agreed account.
An unregistered lease does not protect the tenant against a buyer.

Sources

← Tax on rental income in Peru: 5 percent effective for resident and non resident individuals, 30 percent for foreign companies, monthly payments, the 6 percent minimum rent and imputed rentCondominiums in Peru (Ley 27157): exclusive and common property, the internal regulation, owners' board, voting shares, sale of common areas and owners who lose their vote for arrears →

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