Evicting a Non-Paying Tenant in Ecuador: A Landlord's Legal Roadmap

As a licensed Ecuadorian Real Estate Attorney and Land Specialist, I have guided countless foreign investors through the acquisition and management of property in Ecuador. While the opportunities for rental income are significant, the greatest financial risks often arise not from the purchase, but from improperly managed tenant relationships. Dealing with a non-paying tenant can be a legally precarious and financially draining ordeal if not handled with precision.

This guide provides an authoritative roadmap to the eviction process in Ecuador. It is not theoretical; it is based on years of hands-on experience navigating the courts and bureaucracy. Our legal framework, principally the Ley de Inquilinato (Tenancy Law) and the procedural rules of the Código Orgánico General de Procesos (COGEP), demands strict adherence to protocol. There are no shortcuts. "Self-help" evictions—changing locks, cutting utilities, or physical removal—are illegal and will expose you to civil and even criminal liability. The objective is to legally and efficiently regain possession of your property while preserving your rights.

The Legal Basis for Eviction: Beyond the Basics

The cornerstone of your power as a landlord is a professionally drafted Contrato de Arrendamiento (Lease Agreement). While non-payment of rent is the most common cause for eviction, the law is specific. The legal trigger to initiate an eviction lawsuit for non-payment is the tenant's failure to pay two or more consecutive monthly rental payments (pensiones locativas).

Other statutory grounds for eviction under the Ley de Inquilinato include:

• Use of the property for illegal or immoral purposes.
• Subleasing the property without the landlord's explicit, written consent.
• Causing significant damage to the property beyond normal wear and tear.
• The landlord's justified need to demolish and rebuild the property.

However, for the purposes of this guide, we will focus on the most frequent scenario: non-payment of rent.

The Eviction Process: A Step-by-Step Legal Guide

The formal process for eviction is a juicio sumario de desahucio, a summary judicial proceeding designed to be faster than an ordinary civil lawsuit. It must be filed in the Unidad Judicial Civil of the canton where the property is located.

Step 1: The Pre-Judicial Demand for Payment (Requerimiento)

Before filing a lawsuit, you must formally demand payment from the tenant. This is not an informal email or a WhatsApp message; it is a legal prerequisite.

1. Hire a Lawyer: Your attorney will draft a formal demand letter.
2. Notarize the Demand: The letter must be taken to a Notario Público (Notary Public). The notary will officially deliver this demand to the tenant at the rental property, creating a notarized record of the action (acta de requerimiento). This document serves as irrefutable proof that the tenant was formally notified of their default.
3. The Grace Period: The demand must specify the total amount owed and grant the tenant a specific period to pay (typically 10-15 days). This notarized demand is the foundational piece of evidence for your lawsuit. Proceeding without it will likely result in the judge dismissing your case.

Step 2: Filing the Lawsuit (Demanda de Desahucio)

If the tenant fails to pay within the specified timeframe, your attorney will file the lawsuit. The filing package submitted to the court must include:

• Demanda (Formal Complaint): This document, prepared by your attorney, outlines the facts, cites the relevant articles of the Ley de Inquilinato, and formally requests the judge to terminate the lease, order the eviction, and demand payment of all back rent, late fees, and legal costs.
• Essential Evidence:
  • The original or a certified copy of the signed Contrato de Arrendamiento.
  • The notarized acta de requerimiento (proof of the demand for payment).
  • Your cédula or passport, and the nombramiento (legal representative appointment) if the property is owned by a company.
  • A Certificado de Gravámenes (see below) can also be useful to show the property is legally yours and unencumbered.

Step 3: Court Proceedings

Once the lawsuit is accepted by the court, the tenant will be officially served. They have a period of fifteen (15) days to file a formal response (contestación a la demanda).

• If the Tenant Responds: They may contest the claim, alleging, for example, that they have paid, or that the property is uninhabitable. A hearing will be scheduled where both parties present their evidence.
• If the Tenant Does Not Respond: The judge can declare them in default (en rebeldía) and may proceed to rule in your favor based on the evidence you presented.

Step 4: The Judgment (Sentencia)

Assuming your documentation is in order, the judge will issue a sentencia (judgment). This order will typically:

1. Declare the lease agreement terminated.
2. Order the tenant to pay all outstanding rent and associated costs.
3. Set a firm deadline for the tenant to vacate the property.

Step 5: Enforcement and Physical Removal (Lanzamiento)

If the tenant defies the court's judgment and refuses to leave by the deadline, the process is not over. You cannot remove them yourself. Your attorney must request the ejecución de la sentencia (enforcement of the judgment).

The judge will then issue an orden de lanzamiento (eviction order). This order instructs the Policía Nacional to physically accompany you and an officer of the court to the property to oversee the removal of the tenant and their belongings. This is the final, legally sanctioned step to regain possession of your property.

Hyper-Specific Due Diligence: Details Only a Local Expert Knows

1. The Indispensable "Certificado de Gravámenes": Before you even lease a property, you must understand its legal standing. The Certificado de Gravámenes is the official title report issued by the Registro de la Propiedad of the specific cantón (e.g., Cuenca, Manta, Salinas) where your property is located. It is not a provincial document. This certificate details the historia de dominio (ownership history) and explicitly lists any active gravámenes (liens), hipotecas (mortgages), or prohibiciones de enajenar (prohibitions to sell). A clean certificate is your first line of defense against future title challenges.

2. Water Rights & SENAGUA: The Rural Land Killer: For rural properties, a common and catastrophic oversight is water rights. It is not enough to see a river on the property. You must verify the existence of a legally registered water use permit with the Secretaría Nacional del Agua (SENAGUA). The process involves checking SENAGUA's online portal or visiting a regional office to confirm the Autorización de Uso y Aprovechamiento de Agua. Without this permit, you cannot legally draw water for agriculture or significant residential use. Trying to regularize this after purchase can take years and is not guaranteed.

3. The "Proindiviso" Trap (Undivided Co-Ownership): Be extremely wary of purchasing property held in proindiviso. This means you are buying acciones y derechos (rights and shares), which translates to a percentage of a larger, undivided parent property (lote matriz). You do not have legal title to a specific, demarcated plot. Any action, from selling your "share" to building, legally requires the consent of all other co-owners. Resolving disputes requires a costly and lengthy partition lawsuit (juicio de partición). This is one of the single greatest sources of legal nightmares for foreign buyers.

4. The "Promesa de Compraventa" is Not a Title: Many transactions begin with a promesa de compraventa (promise to buy-sell agreement). This document is legally binding and obligates the parties to complete the transaction, but it does not transfer ownership. Title is only transferred upon the signing of the definitive escritura pública de compraventa (public deed of sale) before a notary and its subsequent registration in the Registro de la Propiedad. Never release the full purchase price until the final escritura is signed.

Key Mistakes to Avoid

1. Using Generic Lease Templates: A contract downloaded from the internet is insufficient. A proper Ecuadorian lease must contain specific clauses regarding late fees, subletting prohibitions, and explicit submission to the juicio sumario process, which are enforceable here.
2. Accepting Partial Payments: Once you initiate legal action, accepting a partial rent payment can be legally interpreted as a renewal of the payment agreement, potentially forcing you to restart the eviction process. Consult your attorney before accepting any funds.
3. Ignoring the Notarized Demand: Attempting to start the lawsuit based on an email or verbal warning is a fatal procedural error. The notarized requerimiento is non-negotiable.
4. Underestimating Timelines: While the procedimiento sumario is designed to be quick, the Ecuadorian judicial system can be slow. A contested eviction can still take several months. Budget accordingly.

Conclusion

Successfully managing a rental property in Ecuador hinges on meticulous preparation and strict adherence to legal protocol. A well-drafted lease agreement is your shield, and a precise understanding of the eviction process is your sword. By following these steps, you replace uncertainty with strategy, protecting your investment and ensuring that your rights as a property owner are rigorously enforced under Ecuadorian law.

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Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Protect your investment and mitigate risk. For a detailed review of your lease agreements or assistance with a tenant dispute, book a one-on-one due diligence consultation with a licensed Ecuadorian Real Estate Attorney and Land Specialist today.