Renting an Apartment in Lima, Peru: A Legal Guide for Foreigners

3. Duration, renewal and early termination

Peruvian law does not establish a minimum term for residential leases. The agreement may be for a fixed or indefinite term. If it is for a fixed term, the general maximum period is ten years. In practice, a one-year term is the most common.

Before signing, the parties should determine whether the full rental term is binding on both of them. An agreement may require payment of all rent until the end of the term or allow early termination with prior notice and a previously defined penalty. The penalty should be clear, for example, one or two months’ rent. It should not be based on an ambiguous formula that allows the landlord to retain the security deposit and simultaneously collect all future rent.

Although a fixed-term agreement legally ends upon expiration without prior notice, it is advisable to include a written notice period of thirty or sixty days for communicating whether the tenant wishes to renew the agreement or vacate the apartment. If both parties wish to continue, the extension or new agreement should be prepared before the current agreement expires, especially when they intend to preserve access to a special eviction procedure.

4. Security deposit, damage and return of the apartment

The law does not establish a two-month security deposit. This is a common and negotiable market practice. The purpose of the deposit is to cover unpaid rent, outstanding utility bills, damage attributable to the tenant and other obligations expressly included in the agreement.

Unless the landlord provides written authorization, the security deposit does not replace payment of the final month’s rent. The agreement should establish the inspection procedure, return of the keys, final meter readings and the period for refunding the remaining balance, ideally within a specified number of business days.

The tenant must return the property in the condition in which it was received, allowing for deterioration caused by ordinary use. Repainting costs should therefore not be deducted automatically. Any charge must be supported by the agreement and by damage, stains or alterations that exceed normal wear and tear. All deductions should be itemized and accompanied by receipts or reasonable estimates.

5. Utilities, maintenance fees and common areas

As a common market practice, rent does not include utilities or maintenance fees unless the agreement expressly establishes an “all-inclusive” price. The tenant generally pays for electricity, water when the property has an individual meter, gas, internet and the building’s regular maintenance fee. Property tax and income tax on the rent are the landlord’s responsibility. Responsibility for municipal service charges and special building assessments should be expressly assigned to avoid disputes.

Many modern buildings have laundry facilities, meeting rooms, barbecue areas, gyms, terraces, swimming pools or event rooms. Their use may require a reservation through the building management, compliance with the internal regulations and additional payments for cleaning, tokens, consumption or maintenance. Access to the building does not necessarily mean that all common areas may be used free of charge.

• Request the internal regulations and the list of common-area charges before signing
• Before signing the agreement, confirm whether there are restrictions concerning pets, guests, moving hours, short-term rentals, subletting, whether directly or through digital platforms such as Airbnb, and noise
• Record the initial meter readings and verify that there are no outstanding charges from previous periods

6. Joint and several guarantor

The landlord may request a joint and several guarantor, especially when the foreign tenant does not have residency, local income or a credit history in Peru. The guarantor’s joint and several liability must be expressly stated. Merely listing a person as a “reference” is not sufficient. The document must specify whether the guarantor is liable for rent, utilities, maintenance fees, damage, penalties, legal costs and any renewals or extensions. The guarantor must understand the extent of these obligations before signing.

7. Eviction clauses: they are not all the same

Any clause concerning the return of a property is often referred to as an “express eviction” clause, but Peruvian law provides different legal mechanisms. Reviewing the required formalities is just as important as reviewing the wording.

Special procedure involving a notary under Law No. 30933

To use this procedure, the rental agreement must be executed using the Single Residential Property Lease Form (Formulario Único de Arrendamiento de Inmueble destinado a Vivienda, FUA) or as a public deed. It must contain an advance consent to eviction clause, an express agreement to submit to the procedure established by Law No. 30933, an unambiguous identification of the property, and the number, type, currency and financial institution of the bank account into which the rent must be paid. Any amendments must comply with the same formal requirements.

Advance consent to eviction through judicial proceedings

The Peruvian Code of Civil Procedure provides another option based on an advance consent to eviction clause included in an agreement with signatures authenticated by a notary or justice of the peace. This procedure should not be confused with the notarial procedure established by Law No. 30933. In both cases, incomplete wording or an informal amendment may prevent the parties from using the expedited procedure.

8. Payments through the banking system and tax obligations

Rent must be paid into the bank account specified in the agreement, with the corresponding rental month clearly identified. Using the banking system provides timely evidence of payment and is essential when the agreement is subject to Law No. 30933, as the notary verifies the deposits or transfers made into the agreed account.

Tax regulations also require the use of approved payment methods for amounts of S/ 2,000.00 (two thousand and 00/100 soles) or USD 500.00 (five hundred and 00/100 US dollars) or more. Even for smaller amounts, NVC Abogados recommends avoiding cash and retaining transfer receipts, bank statements and written confirmations.

The tenant does not pay the landlord’s income tax. An individual landlord must declare and pay first-category income tax, for which the effective rate is 5% of the rental amount. Since January 1, 2026, the advance payment is calculated according to the rent actually received. The landlord must generate Virtual Form No. 1683 and provide a copy to the tenant. When the rent is paid monthly, this receipt must also be issued monthly.

9. Furnished apartments, parking spaces and storage units

If the apartment is rented furnished, the agreement should include a detailed inventory as an annex. This should identify the furniture and appliances, brands, models, serial numbers, number of keys and condition of each item. It is advisable to include dated photographs and sign a property handover report.

The tenant should also verify whether the rental includes a parking space, storage unit or other additional property. Each item should be identified by number, location, registration entry when applicable, and conditions of use. Renting an apartment does not automatically include any additional property that is not described in the agreement.

10. Practical checks before signing

• Verify the landlord. Request an up-to-date property registry certificate, known as a copia literal, and verify the landlord’s identity. If a representative signs the agreement, confirm that the power of attorney is valid and sufficient
• Read the entire agreement. If you are not proficient in legal Spanish, obtain a translation or have the agreement reviewed by a lawyer or qualified real estate agent
• Define all payments. Rent, security deposit, maintenance fees, utilities, municipal service charges, common areas, commissions and penalties
• Document the property’s initial condition. Inventory, photographs, meter readings, observations and property handover report
• Use the banking system. Make payments only into the account specified in the agreement and identify the rental period being paid
• Monitor the expiration date. Schedule the notice deadline and negotiate the renewal or return of the property in writing and sufficiently in advance

Conclusion

Foreigners can rent property in Lima with only a passport and without Peruvian residency. A secure rental arrangement depends on maintaining a valid immigration status, obtaining authorization to sign documents, recording the financial conditions and carefully reviewing the term, early termination provisions, security deposit, utilities, inventory and applicable eviction procedure. A clear agreement protects both the landlord and the tenant and makes settling in Peru simpler and more predictable.

Official sources and legal framework

Migraciones: authorization to sign documents | Civil Code: lease agreements | Law No. 30933

SUNAT: tax calculation | SUNAT: Virtual Form No. 1683 | SUNAT: use of the banking system

Note: This report is general in nature and has been prepared for informational publication. The conditions of each agreement and the immigration and tax circumstances of the parties must be reviewed individually.