It shall be in force as of its publication.
Done at the Presidency of the Republic.- San José, on the seventh day of July, nineteen ninety-five.
TRANSITORY PROVISION I.- Leases (contratos de arrendamiento) existing before the effective date of this law shall be governed, regarding their termination, by the following rules:
- a)Contracts without a term or with an expired term shall be extended for four years.
When the age of the contract is greater than four years, one month shall be added to that term for each year of prior lease occupancy in excess of four years, up to a maximum limit of twelve months.
- b)In contracts with a pending contractual term of less than three years, the period shall be extended to three years, and to that term shall be added one month for each year of prior lease occupancy in excess of three years, up to a maximum limit of twelve months.
- c)In contracts with a pending contractual term of three years or more, to that term shall be added one month for each year of prior lease occupancy in excess of three years, up to a maximum limit of twelve months.
- d)All terms shall be counted from the effective date of this law.
- e)The lessor must notify the lessee (arrendatario) three months before the expiration date of the term of their intention not to renew the contract.
After notification and once the term has expired, the lessor may request the eviction of the lessee through eviction proceedings (proceso de desahucio).
When the lessor has allowed the three-month period to elapse without notifying the lessee of their intention not to renew the lease, the contract shall be tacitly extended for a new period of three years.
TRANSITORY PROVISION II.- In the case of the situations provided for in Transitory Provision I, the lessee may request, within the three months following the enactment of this law, to be compensated for the improvements introduced by them to the property, which shall be valued by both parties or judicially. The lessor may choose to pay for them or to extend the term of the lease, in accordance with the value of the improvements and the rent. In the event that the value of the improvements warrants it, the lessor may increase the term for the termination of the contract to ten years from the enactment of this law, for the sole purpose of allowing the lessee to amortize their improvements.
Transitory Provision III.- In contracts existing before the effective date of this law, the lease price shall be governed by the following rules:
- a)If, in the lease contract or subsequently, the parties have agreed upon the rent or the adjustments for a determined period, the agreement shall remain in effect until its expiration.
- b)Unless in the previous year there has been a rent increase by judicial resolution, as of the effective date of this law, the readjustment of the rent may be requested through summary proceedings (proceso sumario), or the disagreement may be submitted to the decision of arbitrators or experts, according to the rules of the Code of Civil Procedure.
- c)With the exception of the case of an agreement between parties prescribed in subsection a) of this transitory provision, upon one year of this law being in force, Articles 68 and 70 shall begin to apply to existing leases, at the end of each contract year or one year after the final judicial, arbitral, or expert decision, until the lease term expires.
TRANSITORY PROVISION IV.- Judicial proceedings pending upon the entry into force of this law shall continue to be processed until their conclusion, based on the Law of Tenancy being repealed and the provisions of the Code of Civil Procedure amended herein.
(Resolution of the Constitutional Chamber No. 6874 of 12/15/1995 indicates that this transitory provision is not unconstitutional, provided it is interpreted in accordance with what is stated in the recitals (considerandos) of said ruling.)
TRANSITORY PROVISION V.- The Directorate General of Statistics and Censuses (Dirección General de Estadística y Censos) must make the first publication of the official consumer price index within ten months following the publication of this law.
TRANSITORY PROVISION VI.- A period of one year is granted, from the publication of this law, to all lessors of houses, dwelling apartments, or premises for any other purpose, to provide the buildings they lease with adequate basic services of aqueduct, sanitary sewerage, and electricity.
The shared use of any of those services by two or more lessees may only be maintained with the authorization of the bodies of the Ministry of Health, under the conditions they determine. Once the aforementioned period has elapsed, the provisions of Article 22 of this law shall apply.
TRANSITORY PROVISION VII.- The Costa Rican Tourism Institute (Instituto Costarricense de Turismo) shall regulate the procedure for the declarations of zones of tourist interest referred to in subsection b) of Article 7, within a period of nine months from the publication of this law.