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Two steps to sue a tenant without a written contract

Published on 10 January 2022

If out of an excess of trust in a relative or a friend you let them a property without signing a lease, or the lease they signed was lost or damaged, and you now need it in order to sue a bad tenant, the solution comes down to these two steps:

Step 1: Make a Sworn Declaration of Lease (Declaración Juramentada de Arrendamiento) before a Notary, which must contain the following:

     -A description of the leased property

     -The names of the landlord and the tenant

     -The date the lease began

     -The expected duration of the lease

     -The initial monthly rent and the current rent

     -The circumstance that no contract exists (loss, damage, trust)

Step 2: Register this Sworn Declaration of Lease before a Public Notary; it will serve you in court to bring the claim

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