What to do if your rental is not renewed and you have nowhere to go

Receiving a non-renewal notice when you have not yet found a new apartment is a frequent situation in Lima and other cities in Peru, especially with the pressure that the market has been exerting in top districts. The good news is that the Civil Code gives you tools not to leave hastily: deadlines, tacit extension and defined procedures.

What the Civil Code says

Article 1700 of the Civil Code regulates the "tracto sucesivo" or continuation of the lease after the term has expired. If upon the contract's end the tenant continues to occupy the property and the landlord continues to collect rent without objection, the contract is understood to be extended for an indefinite term, under the same conditions, until either party requests its termination.

In practice:

• If your contract expired and the landlord continued collecting without objection, you are in tracto sucesivo.
• To end it, either party can request it with reasonable notice —in many judicial rulings, that reasonable notice has been understood as 30 days.
• A notarial letter is the usual way to communicate the termination, giving you certain time to coordinate the move.

If the contract sets a fixed term and provides a non-renewal clause with advance notice, what was agreed prevails.

If they notified you before expiration

1. Verify the form of the notice

The notice must be by notarial letter or, at least, by a means that leaves a record (certified mail, registered FUAO). A call or a vague WhatsApp message may be insufficient before a judge.

2. Verify the date and the term

Count from the signing date, not from key delivery if there is a difference. Check whether your contract sets a specific notice period.

3. Ask the reason

The landlord is not required to detail it, but knowing it helps to look for options: if all they want is to raise the rent, there is usually room to negotiate.

Action plan on four fronts

a. Negotiate a short extension

Request in writing an extension of 3 to 6 months to find a new apartment. You can offer a partial increase. Many landlords prefer to keep a reliable tenant rather than risk vacancy and a judicial process.

b. Temporary rentals

If timelines are tight, monthly furnished apartments in districts like Miraflores, San Isidro, Magdalena, Surco or Barranco are a bridge option. They are more expensive per month, but allow gaining time.

c. Corporate relocation programs

Medium and large companies in Lima offer relocation support for employees with office changes or promotions. It is worth asking human resources.

d. Family or coliving

Very short-term, staying with family or entering a coliving is a quick exit while signing an annual contract. The coliving supply in Lima has grown in districts like Barranco, Miraflores and Magdalena.

Step-by-step process if you want to oppose

1. Document all communication with the landlord: letters, emails, messages, bank transfers.
2. Gather your contract, copies of lease receipts and payments for the last 12 months.
3. If the non-renewal notice is informal, communicate to the landlord by notarial letter your willingness to continue under tracto sucesivo or, if the term has not yet expired, your intention to renew.
4. If the landlord initiates judicial eviction, respond within the deadline with legal advice. Indecopi and the Free Legal Assistance Centers (Alegra) of the Ministry of Justice can guide you.
5. While the conflict lasts, continue paying rent on time. Any default weakens your position and can activate the express eviction of DL 1177 if the contract was registered in the RAV.

What the landlord must NOT do

• Change the locks or block your access to the property.
• Cut services (electricity, water, internet) to force you out.
• Take out your furniture or belongings without a court order.
• Take retaliation by unilaterally raising the rent to pressure you to vacate.

These behaviors are reported criminally as usurpation or coercion and, civilly, strengthen your defense.

If you receive an eviction lawsuit

There are two usual routes:

• Express eviction of DL 1177: applies only if the contract is under the DL 1177 regime and the FUA is registered in the RAV. It is fast (15 business days from notification).
• Common eviction process before the Judiciary: applies to traditional leasing. Takes between 6 and 18 months, with hearings and possibilities of defense.

In either route, presenting a current contract and up-to-date receipts greatly reduces the risk of an unfavorable ruling, unless the cause is term expiration and there are no arguments to support an extension.

Practical case: Lima, negotiated extension

A tenant in Magdalena receives a non-renewal notice because the landlord wants to raise the rent 25%. The tenant proposes signing for two years with a 12% increase and the landlord commits to painting and repairing fixtures. Both sign an addendum. The process is avoided.

Practical case: Trujillo, orderly transition

A tenant in Trujillo receives notice because the owner will sell the property. They negotiate 60 additional days with the landlord without signing an extension, pay on time and use the time to find another apartment. They coordinate with the new landlord to move only after handing over the current one.

Common mistakes

• Vacating the next day without checking legal deadlines.
• Signing an exit agreement without reading it: it may contain waivers of the deposit or improvement claims.
• Stopping rent payments as a pressure measure.
• Passively accepting service cuts or lock changes.
• Forgetting the property handover record at the end, with inventory and photographs.

Want to know what your next apartment option or your current home is worth? Get a free Realio valuation in under a minute.