Free Puerto Rico Notice of Non-Renewal
In Puerto Rico a lease does not simply expire. Article 1335 of the Civil Code of 2020 (31 L.P.R.A. § 10105) provides that once the agreed term arrives the lease continues on the same terms until one of the parties notifies the other of its will to resolve the contract. The notice is not a formality — it is the only thing that stops the lease running. This generator builds it in Spanish and English, to the article.
Direct answer: a Puerto Rico landlord may decline to continue an ordinary private lease and does not have to prove a cause — but the lease does not end on its own, and no statute gives the landlord a number of days. Puerto Rico is a civil-law jurisdiction, and the controlling provision is Article 1335 of the Código Civil de Puerto Rico de 2020, codified at 31 L.P.R.A. § 10105: “Llegado el plazo convenido en el arrendamiento, este continúa en los mismos términos contratados hasta que cualquiera de las partes notifique a la otra su voluntad de resolver el contrato.” — “Once the term agreed in the lease arrives, it continues on the same contracted terms until either of the parties notifies the other of its will to resolve the contract.” That single sentence changes the whole instrument. On the mainland a notice of non-renewal is optional politeness attached to a lease that expires by itself; in Puerto Rico the notice is the operative act, and a landlord who serves nothing keeps a running lease on the same rent and the same terms indefinitely. This page states what the Code actually says, corrects the two claims the current search results are built on — a supposed territory-wide just-cause requirement and a supposed fifteen-day tácita reconducción window — and generates a bilingual notice that recites the article, records the date it was given, and says plainly where the law leaves a gap.
Key takeaways
- A Puerto Rico lease continues; it does not expire. Article 1335 (31 L.P.R.A. § 10105) keeps the contract alive on the same terms after the agreed term arrives, and ends that continuation only when a party notifies the other of its will to resolve. Silence is not non-renewal — silence is renewal.
- There is no general just-cause requirement for a private lease. The Civil Code of 2020 contains no article requiring a landlord to prove an enumerated cause in order to stop continuing a lease, and the summary ejectment statute, Articles 620 to 634 of the Ley de Procedimientos Legales Especiales (32 L.P.R.A. §§ 2821–2838), lists no grounds whatever. It is a procedural statute, not a good-cause statute.
- The Ley de Alquileres Razonables is gone. Act 464 of 25 April 1946 was repealed by Act 57 of 25 June 1995, whose Article 4 provided that three years after approval the 1946 act would cease to apply to every residential and commercial lease in Puerto Rico and would be repealed in its entirety. Any page layering 17 L.P.R.A. ch. 9 on top of a modern Puerto Rico tenancy is layering a repealed statute.
- The Code fixes no notice period. Article 1335 requires notification and stops there. No provision of the Code attaches a number of days to it, and none was located anywhere else in Puerto Rico law for a residential non-renewal. The operative period is the one your lease states. That is the honest answer, and no page currently ranking for this query gives it.
- There is no default month-to-month tenancy in Puerto Rico. Article 1333 (31 L.P.R.A. § 10103) deems a lease of immovable property to be made for one year unless a different term was agreed. Mainland thirty-day periodic-tenancy tables simply do not describe this jurisdiction.
- The fifteen-day rule everyone quotes was repealed. The fifteen days of continued enjoyment with the landlord’s acquiescence, and the renewed term tracking the rent interval, came from Articles 1456 and 1471 of the Civil Code of 1930. Article 1819 of the 2020 Code repealed that Code, with effect from 28 November 2020.
- Which Code applies is a live question for older leases. Article 1813 (31 L.P.R.A. § 11718) provides that the 2020 Code does not apply to contracts in course of execution in force when it took effect. A lease already running on 28 November 2020 is not obviously governed by Article 1335 at all.
- Assisted housing is the real just-cause pocket. A Housing Choice Voucher tenancy needs good cause under 24 C.F.R. § 982.310, and a Puerto Rico public housing lease is cancelled only through the administrative procedure at 17 L.P.R.A. §§ 1015–1015h. This generator refuses to produce a private notice for a public housing unit.
Generate Your Puerto Rico Notice of Non-Renewal
Start with the two questions that actually decide the document: which Civil Code governs the lease, and whether the unit is private, voucher-assisted or public housing. Everything else follows. The generator produces the notice in Spanish first and English beneath, recites Article 1335 in its own words, and prints the date the notice is given, which is the fact that decides when the lease stopped continuing. It refuses to produce a private notice for a public housing unit, refuses a voucher tenancy with no stated good cause, and refuses an effective date earlier than the period your own lease demands.
1. Which Civil Code governs this lease
2. Housing type — this can stop the notice entirely
3. Dates and the period your lease demands
—
Enter the end of the agreed term and the date the notice will be given. Article 1335 sets no minimum period, so this check measures your dates against your own lease clause and warns you if the continuation has already begun.
4. Tenant and property
5. Landlord
6. How the notice is being given
7. Statements to include
Watch: Puerto Rico Notice of Non-Renewal and Civil Code art. 1335 explained
Puerto Rico Non-Renewal at a Glance
Cause required
No — private lease
Authority
Art. 1335 · 31 L.P.R.A. § 10105
Statutory notice period
None — the lease supplies it
Default lease term
One year — art. 1333
The thing everyone gets backwards. On the mainland the danger is serving a notice too late. In Puerto Rico the danger is serving no notice at all: under article 1335 the lease keeps running on the same terms, at the same rent, for as long as neither party speaks. There is no expiry event to miss, because there is no expiry.
Can a landlord refuse to renew a lease in Puerto Rico?
For an ordinary private residential lease, yes — and no statute requires the landlord to prove a cause. This has to be said clearly because the opposite claim circulates widely, and it is the single most consequential thing a Puerto Rico landlord or tenant can get wrong. The claim is that Puerto Rico requires just cause to end a tenancy, that roughly seven statutory causes are enumerated somewhere, and that the landlord must prove one of them in court. We went looking for that rule in the statute books. It is not there.
The Civil Code contains no just-cause article. The lease is regulated at Chapter VI of Book Five of the Código Civil de Puerto Rico de 2020, articles 1331 to 1350, codified at 31 L.P.R.A. §§ 10101 to 10173. Read straight through, that chapter defines the lease (art. 1331), sets its duration (arts. 1332–1334), governs its continuation after the term (art. 1335), regulates assignment and sublease (art. 1336), competing tenants (art. 1337), capacity (art. 1338), object (art. 1339), rent (arts. 1340–1341), form (arts. 1342–1344), the parties’ obligations (arts. 1345–1347) and resolution for breach (arts. 1348–1350). At no point does it condition the end of a lease on proof of an enumerated cause. Articles 1348 and 1349 are breach remedies, not a just-cause regime: they say when a party may cut a lease short during its term, which is the opposite of the question a non-renewal asks.
The ejectment statute contains no grounds either. The desahucio, Puerto Rico’s summary ejectment action, sits at articles 620 to 634 of the Ley de Procedimientos Legales Especiales, 32 L.P.R.A. §§ 2821 to 2838. It is worth being concrete about what those articles contain, because a reader who has been told Puerto Rico is a just-cause jurisdiction will expect a list. Article 620 says who may sue. Article 621 says whom they may sue. Article 622 allocates jurisdiction by amount. Articles 623 to 627 set the procedure and the evidence. Articles 628 to 631 govern appeal and bond. Articles 632 to 634 govern execution. There is no article listing grounds, because the statute is procedural. The substantive right to possession comes from the Civil Code — article 725 (31 L.P.R.A. § 7863) gives the action to “la persona con derecho a poseer un bien” against “cualquier poseedor sin derecho a poseer”, the person entitled to possess against any possessor with no right to possess. Once the lease has stopped continuing, the tenant is a possessor without right, and that is the whole of it.
Where the “seven causes” story probably comes from
Two real bodies of Puerto Rico law do impose something like a cause requirement, and both are narrow. The first is public housing: 17 L.P.R.A. §§ 1015 to 1015h, the Procedimiento para Cancelar Contratos de Arrendamiento, requires the administration to weigh enumerated parameters, to prove the prohibited conduct, to establish a causal link between the conduct and the cancellation, and to give written notice of the intention to cancel at least thirty days before the administrative evidentiary hearing. The second is the repealed Ley de Alquileres Razonables, Act 464 of 1946, which for half a century did control rents and did restrict recovery of possession of covered units. Generalising either one to a private 2026 lease in Dorado or Rincón is the error. See the two sections below.
What a landlord still may not do. The absence of a just-cause statute is not a licence. A non-renewal that is really a refusal to rent on the basis of race, colour, religion, sex, familial status, national origin or disability violates the federal Fair Housing Act, 42 U.S.C. § 3601 et seq., which applies in Puerto Rico exactly as it applies in Ohio; 42 U.S.C. § 3617 separately makes it unlawful to coerce, intimidate, threaten or interfere with a person who has exercised a fair housing right, which is the federal hook for a retaliation claim. A non-renewal aimed at a tenant in assisted housing because that tenant is a survivor of domestic violence, dating violence, sexual assault or stalking runs into 34 U.S.C. § 12491. And the general civil-law duty of good faith in the performance of contracts operates in Puerto Rico as it does across the civil-law world. The point is narrower than it sounds: the Civil Code does not require the landlord to state a reason, but the reason still has to be lawful.
What is tácita reconducción, and how does a notice of non-renewal stop it?
Tácita reconducción is the civil-law rule that a lease carries on after its term without anyone signing anything. It is not the common-law holdover tenancy, and treating the two as the same is where mainland templates fail in Puerto Rico. A holdover tenancy is something the landlord may accept or refuse; tácita reconducción, under the current Code, is what happens by default unless someone stops it.
Article 1335 of the Civil Code of 2020, 31 L.P.R.A. § 10105, is titled “Continuación del arrendamiento concluido o tácita reconducción” and reads in full:
“Llegado el plazo convenido en el arrendamiento, este continúa en los mismos términos contratados hasta que cualquiera de las partes notifique a la otra su voluntad de resolver el contrato.
En este caso, cesan respecto de ella las obligaciones otorgadas por un tercero para la seguridad del contrato principal.”
Translation. “Once the term agreed in the lease has arrived, it continues on the same contracted terms until either of the parties notifies the other of its will to resolve the contract. In that case, the obligations granted by a third party to secure the principal contract cease as regards that party.” — Código Civil de Puerto Rico de 2020, art. 1335 (31 L.P.R.A. § 10105), official text published by the Oficina de Gerencia y Presupuesto.
Read what that sentence actually does. It has three moving parts, and each one matters to the document you are about to generate.
- “Continúa en los mismos términos contratados” — the lease continues on the same terms. Not a new lease, not a converted month-to-month tenancy on statutory terms: the same contract, the same rent, the same obligations, the same clauses. A landlord who was hoping the term would run out so a new rent could be set has, on that date, achieved nothing.
- “Hasta que cualquiera de las partes notifique” — the continuation ends when a party notifies. That is the operative act. It is what a notice of non-renewal is in Puerto Rico: not a courtesy warning that an expiry is coming, but the legal event that ends the continuation.
- “Su voluntad de resolver el contrato” — the content of the notice is the party’s will to resolve. The article requires no reason, no ground and no citation. It requires that the will be communicated.
The second paragraph is a genuine trap for guarantors and their landlords. Article 1335 provides that where a party gives that notice, the obligations a third party granted to secure the principal contract cease as regards that party. In plain terms: a guarantor or surety who backed the original term does not automatically back the continuation once resolution has been notified. A landlord relying on a parent’s guarantee, or a corporate surety, should not assume it survives the end of the agreed term.
What the notice must contain under article 1335
Very little, which is why the drafting risk is real. The article requires notification of the will to resolve. It does not prescribe writing, a period, a form, a delivery method or a recital. It follows that almost every element of a well-drafted Puerto Rico notice of non-renewal is there for evidentiary reasons rather than because a statute compels it — and that is a very different thing from the mainland, where a missing statutory element voids the notice outright. In Puerto Rico the question a court will be asked is simpler and harder: can you prove you notified, and when? Everything in the generated document is built around answering that question.
The three conditions of tácita reconducción
Puerto Rico practitioners describe the doctrine as needing three elements: the tenant remains enjoying the leased property after the term concludes; the landlord consents to that continuation; and neither party had previously expressed to the other its will to end the contract. The third element is the landlord’s lever, and it is the reason this form exists. A notice given before the agreed term arrives defeats the doctrine at the third element — there is no tacit agreement to infer where one party has already spoken. That is the cleanest position a Puerto Rico landlord can be in, and it costs nothing but a calendar reminder.
Which Civil Code governs your lease — 1930 or 2020?
This is not an academic question, and getting it wrong changes the answer to every other question on this page. The Código Civil de Puerto Rico de 2020 was enacted as Act 55 of 1 June 2020. Article 1820 provides that the Code begins to govern one hundred and eighty days after its approval, which is 28 November 2020. Article 1819 repeals the Civil Code of 1930 in its entirety.
But article 1813, in the transitional provisions, 31 L.P.R.A. § 11718, says this:
“Las disposiciones de este Código no son aplicables a los contratos en curso de ejecución vigentes al momento de su vigencia.”
Translation. “The provisions of this Code are not applicable to contracts in course of execution in force at the moment it takes effect.” — art. 1813 (31 L.P.R.A. § 11718). Article 1812 (§ 11717) makes the same point from the other direction: acts and contracts made under the earlier legislation and valid under it produce all their effects under that legislation, subject to the limits the new Code establishes.
The consequence. A residential lease signed in, say, 2019 for a term that has been continuing ever since is a contract that was in course of execution on 28 November 2020. On the face of article 1813 the 2020 Code’s article 1335 does not govern it, and the old regime does — which is a materially different rule, set out in the next section. A lease signed after 28 November 2020, or an older lease that the parties re-signed as a new contract after that date, is squarely under article 1335.
What we cannot tell you. Where an older lease has itself continued past its original term, whether that continuation counts as the same contract still “en curso de ejecución” or as a fresh arrangement governed by the new Code is a real interpretive question, and we located no Puerto Rico appellate decision resolving it. We are not going to invent an answer. The practical response is the conservative one: if the lease predates 28 November 2020, give notice in a way that satisfies both regimes — in writing, before the current term ends, with the effective date falling at the end of a rent period, and delivered by a method that produces a receipt. The generator prints a transitional recital when you select the pre-2020 option, so the document does not silently assume a Code that may not apply.
The fifteen-day rule the search results still repeat — and why it is repealed
Nearly every page that says anything specific about Puerto Rico non-renewal describes the same mechanism: the tenant who stays fifteen days with the landlord’s acquiescence triggers an implied renewal, and the renewed term matches the rent interval — a year for an annual rent, a month for a monthly rent, a day for a daily rent. That is an accurate statement of the Civil Code of 1930, and the Civil Code of 1930 no longer exists.
| Point | Civil Code of 1930 (repealed) | Civil Code of 2020 (in force) |
|---|---|---|
| Continuation after the term | Art. 1456 (31 L.P.R.A. § 4063, repealed): implied renewal where the tenant remains enjoying the property for fifteen days with the landlord’s acquiescence | Art. 1335 (31 L.P.R.A. § 10105): the lease continues immediately on the same terms, with no waiting period, until a party notifies its will to resolve |
| Length of the continuation | Art. 1471 (31 L.P.R.A. § 4092, repealed): fixed by the rent interval — by years where an annual rent was fixed, by months where monthly | No fixed length. The continuation runs on the original terms until notice ends it |
| What ends it | Expiry of the renewed term, or notice | Notice, and only notice |
| Guarantees and sureties | Ceased on the implied renewal | Art. 1335, second paragraph: cease as regards the notifying party on resolution |
| Effective | Until 27 November 2020 | From 28 November 2020 (Act 55-2020, arts. 1819–1820) |
Why the difference matters commercially. Under the old article 1471 a landlord who missed the deadline lost a defined block of time — a month, or at worst a year — and then got another chance. Under article 1335 there is no next chance to wait for, because there is no next expiry. The continuation has no end date. A landlord who does nothing in 2026 is in exactly the same position in 2031: same rent, same terms, and still needing to serve the notice that was never served. That is the single largest change the 2020 Code made to Puerto Rico landlord practice, and it runs in the tenant’s favour on rent and in nobody’s favour on clarity.
How much notice must a Puerto Rico landlord give?
The Civil Code fixes no minimum, and we could not find one anywhere else in Puerto Rico law for a residential non-renewal. That is the answer, and it is worth stating plainly because it is the answer nobody publishes. Article 1335 requires notification of the will to resolve. It attaches no number of days. Nothing in articles 1331 to 1350 supplies one. The desahucio articles, 620 to 634, impose no pre-suit notice requirement at all — they are about what happens once you are in court. There is no Puerto Rico analogue to California’s Civil Code § 1946.1 or Florida’s § 83.57.
The numbers circulating on this search result, and where each really comes from
- “30 days” — this figure appears on Puerto Rico pages in two places, and neither is a non-renewal rule. One is lease-template boilerplate (“a new month-to-month tenancy terminable upon thirty (30) days written notice”), which is a contract clause being sold, not a statute. The other is the thirty days’ written notice of intention to cancel that public housing requires before an administrative evidentiary hearing under 17 L.P.R.A. §§ 1015 et seq., which has nothing to do with a private lease.
- “15 days” — either the repealed article 1456 window described above, or a reference to arrears accruing before a nonpayment claim. Neither is a landlord’s non-renewal period.
- “10 days” and “7 days” — these are for-cause figures. Ten days is the period in which the appearance must be held after a desahucio is filed (art. 623) and the mandatory period for judgment (art. 625). Seven days is the notice a Puerto Rico landlord must give before inspecting the property under art. 1346(h) (31 L.P.R.A. § 10162). Presenting either as non-renewal timing is a category error.
So what period should you actually give?
First, read the lease. Because the Code supplies no period, the lease’s own notice clause is not a supplement to the statutory minimum — it is the whole of the obligation. Puerto Rico leases very commonly carry a thirty-, sixty- or ninety-day non-renewal clause, and where one exists it binds. The generator asks you for that number and refuses to print an effective date earlier than the clause allows, because the clause is the only enforceable timing rule in play.
Second, where the lease is silent, give notice before the term ends. This is the whole strategic point of article 1335 and of the three-element test described earlier. A notice delivered before the agreed term arrives prevents the continuation from ever beginning, because the parties cannot be taken to have tacitly agreed to continue where one of them has already said it will not. A notice delivered afterwards must instead terminate a continuation that is already running — a weaker, more disputable position.
Third, align the effective date with the end of a rent period. No statute requires this. It is prudence: rent under article 1341 (31 L.P.R.A. § 10142) is payable by periods, presumed in arrears where nothing was stipulated, and a resolution that lands mid-period invites a proration argument you gain nothing from having.
What we could not establish, stated plainly
Article 1335 says the lease continues “hasta que” — until — a party notifies. Read at its most literal, that could mean the continuation ends the moment the notice is received. We are not willing to tell you that is the law: no Puerto Rico appellate decision construing the timing of an article 1335 notice was located, and a court asked to apply a rule of immediate termination to a residential tenant would have obvious reasons to hesitate. What we can say is that the Code imposes no minimum, that the lease clause governs where there is one, and that a landlord who gives generous notice loses nothing while a landlord who gives none has an argument on their hands. The generated document therefore states the effective date you choose and cites the source of the period — your lease clause, or your own election where the lease is silent — rather than claiming a statutory authority that does not exist.
Is there a month-to-month tenancy in Puerto Rico?
Not by default, and this is the second structural difference from mainland practice. Article 1333 of the Civil Code of 2020, 31 L.P.R.A. § 10103, provides: “El arrendamiento de inmuebles se considera celebrado por el término de un año, salvo cuando se haya convenido un término distinto.” — “The lease of immovable property is deemed made for a term of one year, unless a different term has been agreed.”
So a Puerto Rico tenancy with no written term is not a month-to-month arrangement terminable on thirty days’ notice. It is an annual lease. Article 1332 (§ 10102) permits a lease of determinate or indeterminate duration, and the parties may of course agree a monthly term — but where they have agreed nothing, the Code supplies a year, not a month.
This is why the fifty-state non-renewal tables that circulate online are not merely incomplete for Puerto Rico — several of them omit the territory entirely — but affirmatively misleading if applied. The mainland framework is: fixed term expires by itself; periodic tenancy runs month to month until a statutory notice period is served. Puerto Rico’s framework is: every immovable lease has a term, one year if nothing else was agreed, and when that term arrives the lease continues rather than ends. There is no periodic-tenancy layer to attach a thirty-day rule to.
A practical consequence for short lets. A landlord who lets a unit on a handshake for “a few months” and never reduces the term to writing may find the tenancy is deemed annual under article 1333, and then continuing indefinitely under article 1335. Article 1342 (§ 10151) requires no special formality for the contract’s validity, and article 1343 (§ 10152, as amended by Act 122-2026) requires writing only where the lease of an immovable is agreed for a term longer than six years. Freedom of form is not the landlord’s friend here: the informality that makes the lease easy to create makes the term impossible to prove.
Does the Ley de Alquileres Razonables still apply?
No. It was repealed, in stages, ending in 1998. The Ley de Alquileres Razonables was Act 464 of 25 April 1946. It froze rents at their 1 October 1942 level and imposed controls on residential and commercial letting as a wartime emergency measure tied to the federal Emergency Price Control Act of 1942; its own article 23 provided that its operative provisions would cease when the Legislative Assembly declared by concurrent resolution that the emergency had ended.
That declaration came in Act 57 of 25 June 1995 (P. del S. 721), whose title is “Para derogar en forma escalonada y progresiva la Ley Núm. 464 de 25 de abril de 1946, según enmendada, conocida como ‘Ley de Alquileres Razonables’” — to repeal, in a staged and progressive manner, the Reasonable Rents Act. Its operative articles ran on a three-year ladder:
| Act 57-1995 | Timing | Effect |
|---|---|---|
| Art. 1 | On approval | Declares that the emergency conditions that prompted Act 464 have ended for all legal purposes |
| Art. 2 | One year after approval | By statutory band, Act 464 ceases to apply to any dwelling let at $150 or more per month, and to commercial premises at $300 or more — a statutory threshold in section 2, not a charge of any kind |
| Art. 3 | Two years after approval | By statutory band, Act 464 ceases to apply to any dwelling at $100 or more per month, and to commercial premises at $200 or more — again a statutory threshold in section 3 |
| Art. 4 | Three years after approval | Act 464 ceases to apply entirely to every dwelling and commercial premises in Puerto Rico, and is repealed in its entirety |
Three years after 25 June 1995 is 25 June 1998. There has been no rent-control statute of general application in Puerto Rico since. The Legislative Assembly’s own stated reason, recorded in the exposition of motives of Act 57, was that federal and Commonwealth subsidies — the Act names the federal Section 8 programme expressly — were a more effective mechanism for housing low-income households than freezing rents, and that the 1946 controls had become an anachronism that pushed covered properties out of the rental market and discouraged their maintenance.
Why online code mirrors still show Title 17, Chapter 9
Several commercial code mirrors continue to display a chapter headed “Alquileres Razonables” at 17 L.P.R.A. ch. 9 in editions dated well after 1998. Repealed chapters are commonly retained in such databases for historical reference, and a chapter heading in a mirror is not evidence that the statute is in force. The repealing act is the authority, and it is unambiguous. Note also that the Department of Consumer Affairs (DACO) does not administer a general residential rent-control regime as a consequence of that repeal; proposals to revive a rent-stabilisation statute have been introduced in the Legislative Assembly in recent years but a bill is not a law, and none of them governs a lease today.
When can a Puerto Rico landlord end a lease early?
A notice of non-renewal alleges nothing. It says the contract will not continue. That is a different instrument from the mid-term remedies, and confusing the two is the most common drafting error we see on Puerto Rico documents. The Code separates them cleanly at Section Seven of the lease chapter, “La Resolución del Arrendamiento”.
Article 1348 (31 L.P.R.A. § 10171) — resolution by the landlord. The landlord may resolve the contract where the tenant:
- (a) “abandona o deja de usar el bien arrendado, o varía el uso convenido” — abandons or ceases to use the leased property, or varies the agreed use;
- (b) “incumple la obligación de conservar… el bien arrendado” — breaches the duty to conserve the property, whether personally or through a third party acting on the tenant’s account;
- (c) “deja de pagar el alquiler convenido durante dos (2) períodos consecutivos” — fails to pay the agreed rent for two consecutive periods.
That third limb is worth pausing on, because it is more generous to the tenant than most mainland statutes: on a monthly rent, the Code’s own resolution ground does not arise until two consecutive months have gone unpaid. A lease may of course provide otherwise, and a landlord with a written lease will usually be relying on the contract rather than on article 1348. But a landlord with no written default clause has this and only this.
Article 1349 (§ 10172) — resolution by the tenant. The mirror image: the tenant may resolve where the landlord breaches the duty to keep the property fit for the agreed use, breaches the warranties as to eviction or hidden defects, or deprives the tenant of part of the use by reason of improvements being carried out — in which last case the tenant may instead claim a proportionate reduction of rent for the period of deprivation. Article 1350 (§ 10173) adds simply that the parties may agree an early resolution.
The drafting rule that follows. Do not put a nonpayment allegation in a non-renewal notice. If the tenant owes two periods’ rent, the instrument is a resolution under article 1348(c) or under the lease’s own default clause, and it stands or falls on proof of the arrears. If the landlord simply does not want to continue, the instrument is an article 1335 notification and proof of arrears is irrelevant to it. Mixing them gives the tenant a defence to the stronger claim and dilutes the weaker one. The generator carries an optional express statement that no fault is alleged, precisely so the document cannot be read as a defective nonpayment claim. Where the tenant wants out early instead, our Puerto Rico breaking-a-lease rules guide takes the tenant’s side of article 1349, and the wider framework sits in our Puerto Rico landlord and tenant law guide.
What happens if the tenant does not leave? The desahucio
Desahucio is Puerto Rico’s summary ejectment action, and it is fast. It is governed by articles 620 to 634 of the Ley de Procedimientos Legales Especiales — titles XVI and XVIII of the Code of Civil Procedure of 1933, as amended — codified at 32 L.P.R.A. §§ 2821 to 2838. The substantive right comes from Civil Code article 725 (31 L.P.R.A. § 7863), which gives the action to the person entitled to possess against any possessor with no right to possess.
| Article | Citation | What it provides |
|---|---|---|
| Art. 620 | 32 L.P.R.A. § 2821 | Standing: the owners of the property, their attorneys-in-fact, usufructuaries, anyone else entitled to enjoy it, and their successors in title |
| Art. 621 | 32 L.P.R.A. § 2822 | Defendants: tenants and other lessees, administrators, caretakers, porters and guards placed by the owner, and any other person holding material possession or enjoying the property precariously without paying rent or consideration. As amended by Act 95-2026, a defendant who claims a community of property arising from contributions to the shared immovable may put on that evidence and require the matter to proceed by ordinary rather than summary route |
| Art. 622 | 32 L.P.R.A. § 2823 | Jurisdiction: under this statutory section, municipal judges of the judicial region where the property lies hear the matter where the rent owed or the claim does not exceed $5,000 annually; the Court of First Instance in all other cases. The figure is a statutory jurisdictional threshold, not a charge. The same procedure applies either way |
| Art. 623 | 32 L.P.R.A. § 2824 | The complaint follows the ordinary rules; the appearance must be held within ten days of filing. Where proven economic insolvency of the family is shown, the court orders notice to the Secretaries of the Departments of the Family and of Housing, who assess the family and report within a non-extendable thirty days. Where the defendant is an elderly person or a person with a disability, the court orders notice to the corresponding advocacy office on the same terms |
| Art. 625 | 32 L.P.R.A. § 2826 | Trial on the day of the appearance; all evidence produced then; judgment granting or denying ejectment within a mandatory ten days. Defences must be raised in the answer |
| Art. 627 | 32 L.P.R.A. § 2829 | In a nonpayment case the defendant may prove payment only by receipt or other document evidencing it; a money claim for the unpaid rent may be joined on a party’s motion |
| Arts. 628–631 | 32 L.P.R.A. §§ 2830–2835 | Appeal within five days of the filing of notice of judgment (art. 629); no appeal without a bond fixed by the court, or in a nonpayment case a deposit of the debt (art. 630); accruing rents must be deposited or bonded during the appeal (art. 631) |
| Arts. 632–633 | 32 L.P.R.A. §§ 2836–2837 | Ejectment ordered once the judgment is final and firm. Where the court has found economic insolvency, the period is twenty non-extendable days from notification, and the ejectment may not be carried out unless officials of the Departments of the Family and of Housing are present. Where the dwelling is subsidised under a programme administered by the Puerto Rico Department of Housing, the applicable regulations governing the eviction process must be complied with. The marshal executes |
Two features of this procedure deserve a landlord’s attention. The first is that there is no statutory pre-suit notice requirement in the desahucio articles at all — which reinforces the point made above that the notice of non-renewal derives its force from Civil Code article 1335 rather than from the ejectment statute — our Puerto Rico eviction notice rules guide takes the court stage further. What the landlord must be able to prove in court is that the tenant no longer has a right to possess, and after 28 November 2020 that means proving that the continuation under article 1335 was ended by notification, and when. The second is the appeal bond under article 630: a tenant who wants to appeal must post security or, in a nonpayment case, deposit the debt. That is a real constraint, and it is why desahucio in Puerto Rico moves faster than eviction in most mainland jurisdictions.
Self-help is not available
Nothing in this framework permits a landlord to change locks, remove doors, cut utilities or remove the tenant’s property. The Code obliges the tenant under article 1346(i) to surrender the property when the lease ends, and the desahucio is the mechanism for compelling that. The marshal executes an ejectment under article 633 on the court’s order; a landlord who executes one personally has committed a trespass and, where the family has been found insolvent, has bypassed protections the statute makes mandatory.
How should a Puerto Rico non-renewal notice be delivered?
The Code prescribes no method, so choose the one you can prove. Article 1335 says notifique and stops. There is no Puerto Rico equivalent of California’s Code of Civil Procedure § 1162 or the District of Columbia’s § 42-3206 setting out a service cascade for tenancy notices. The live page this replaced asserted a “personal delivery, substituted service plus mailing, or posting plus mailing” hierarchy attributed to Puerto Rico civil-procedure rules. That hierarchy is Californian, and we have removed it rather than repeat it.
What remains is an evidentiary problem, and it has a clean answer. Because everything turns on proving that you notified and when, rank the methods by the quality of the proof they generate:
| Method | What it proves | Practical notes |
|---|---|---|
| Personal delivery against a signed, dated receipt | Delivery, date, and the identity of the recipient — the strongest record available | Have the tenant sign and date a duplicate. Where several tenants are on the lease, obtain a signature from each; a notice binds the party notified |
| Service through a notary public | Delivery and date, attested by a public officer | Puerto Rico’s notarial tradition is civil-law and a notary’s attestation carries real evidentiary weight. The most defensible route where the tenancy is valuable or the relationship is already contentious |
| Certified mail, return receipt requested | Dispatch and, if signed for, receipt | The common default. Its weakness is the unclaimed article: a tenant who does not collect the item leaves you proving dispatch, not notification. Pair it with a second method |
| Delivery to an adult resident, plus certified mail | Delivery to the household, with a documented back-up | Use where the tenant is evasive. Record who received it, when, and their relationship to the tenant |
| Posting at the property, plus certified mail | Weakest — proves only your own act | A last resort. Photograph the posted notice in place with a visible timestamp and keep the mailing receipt |
| Email or text alone | Proves transmission, not receipt or identity | Not a method to rely on standing alone. Where the lease expressly designates an email address for notices, send it there as well as, not instead of, a physical method |
Name every tenant. Article 1337 (31 L.P.R.A. § 10107) contemplates that a property may be let to more than one person. A notification is effective against the party notified; a landlord who serves one of three co-tenants has a document that is at best partly effective. List every adult tenant on the face of the notice and deliver to each.
Keep the file. The proof you will need is the notice itself, the receipt or attestation of delivery, the lease showing the agreed term and any notice clause, and the rent ledger showing which periods were paid. The live page this replaced instructed readers to retain those records for four years. We have removed that instruction: no Puerto Rico retention period for a tenancy notice was located, and inventing one is worse than saying nothing. Retain the file for as long as any claim arising from the tenancy could be brought, and take advice on the limitation period if the tenancy ended badly. Where money is still held at the end of the tenancy, our Puerto Rico security deposit rules guide covers what happens to it, and the seven-day entry rule mentioned above is set out in the Puerto Rico notice to enter form.
Section 8, public housing and the federal overlays
The Civil Code answer changes completely once federal money is in the tenancy. This is where the just-cause instinct is correct — just not for private lettings.
Housing Choice Voucher (Section 8) tenancies
Under 24 C.F.R. § 982.310(a), during the term of the lease an owner may not terminate the tenancy except on three grounds: a serious violation, including but not limited to failure to pay rent or other amounts due under the lease, or repeated violation of the lease terms; a violation of federal, State or local law that imposes obligations on the tenant in connection with the occupancy or use of the premises; or other good cause.
Section 982.310(d)(1) gives examples of other good cause, and they are broader than landlords expect: the family’s failure to accept the offer of a new lease or revision; a family history of disturbance of neighbours or destruction of property, or of living or housekeeping habits resulting in damage to the unit or premises; the owner’s desire to use the unit for personal or family use or for a purpose other than as a residential rental unit; and “a business or economic reason for termination of the tenancy (such as sale of the property, renovation of the unit, or desire to lease the unit at a higher rental)”. That last item is the one that matters for non-renewal: a voucher owner who wants the unit back for commercial reasons has a recognised ground, provided it is stated.
Section 982.310(d)(2) is the limit: during the initial lease term the owner may not terminate for other good cause unless the owner is terminating because of something the family did or failed to do. And § 982.310(e) requires the owner to give the tenant written notice specifying the grounds, and to give the housing agency a copy of any eviction notice. The generator asks for the good cause, prints it, and prints the certification that a copy is going to the agency.
Public housing in Puerto Rico
A public housing lease is not cancelled by a private notice at all. The procedure sits at 17 L.P.R.A. §§ 1015 to 1015h, the Procedimiento para Cancelar Contratos de Arrendamiento. Section 1015a, headed Desahucio — Parámetros, requires the administration to weigh all the circumstances of the case, including the gravity of the fault or offence against the harm cancellation would cause the family; to prove participation in expressly prohibited activities; to establish a causal nexus between the conduct and the sanction of eviction; and to give written notification of the intention to terminate the contract at least thirty days before the administrative evidentiary hearing. The parameters expressly include the presence of minors, elderly people or people with disabilities in the household, and the presence of domestic violence victims. Section 1015d permits the administration to condition cancellation on the tenant guaranteeing that the person whose conduct provoked it has left the unit and remains off the lease.
Because of that, this generator refuses to produce a document where you select a public housing tenancy. It is not a matter of adding a paragraph. The instrument required is an administrative notice of intention to cancel, feeding an evidentiary hearing, and a private notice of non-renewal is not a defective version of it — it is a different thing entirely. Article 632 of the desahucio statute makes the same point from the enforcement side: where the dwelling is subsidised under a programme administered by the Puerto Rico Department of Housing, the applicable regulations governing the eviction process must be complied with.
Fair housing and the Violence Against Women Act
The federal Fair Housing Act, 42 U.S.C. § 3601 et seq., applies in Puerto Rico. A non-renewal motivated by race, colour, religion, sex, familial status, national origin or disability is unlawful whatever the Civil Code says about needing no reason, and 42 U.S.C. § 3617 reaches coercion, intimidation, threats and interference directed at someone who has exercised a fair housing right. HUD accepts complaints; private actions are available.
34 U.S.C. § 12491, the Violence Against Women Act housing provisions, bars denial of admission, denial of assistance, termination of participation and eviction on the basis that an applicant or tenant is or has been a victim of domestic violence, dating violence, sexual assault or stalking — but only for housing assisted under a covered housing program as that term is defined in the statute. It does not reach an unassisted private letting. We flag this because the opposite claim — that a VAWA-style bar applies to Puerto Rico non-renewals generally — is in circulation, and a private landlord who believes it will misunderstand their own position, while an assisted-housing landlord who does not know about it will breach a rule that genuinely binds them.
Does the notice have to be in Spanish?
We located no statute requiring it — and you should still serve it bilingually. Article 1335 prescribes no language any more than it prescribes a form. But the practical case is one-sided. Spanish is the working language of daily life and of the Court of First Instance across most of Puerto Rico; a desahucio is heard there; the tenant’s understanding of the notice is a foreseeable issue in any dispute about whether the will to resolve was actually communicated; and producing both versions costs nothing. A landlord who serves an English-only notice on a Spanish-speaking tenant has handed the tenant an argument about notification that no statute obliged them to concede.
The generator therefore produces the Spanish text first and the English beneath, on the same document, with a line stating that both versions are of the same notice and that the Spanish text governs where they diverge. The key terms are worth learning in the original, because they are what a Puerto Rico court, attorney or notary will use:
| Spanish | English | Why it matters here |
|---|---|---|
| Arrendamiento | Lease | Art. 1331. The contract itself |
| Arrendador / arrendatario | Landlord / tenant | The parties. Inquilino is also used, and appears in the desahucio articles |
| Cánon de arrendamiento | Rent | Arts. 1340–1341 |
| Tácita reconducción | Tacit renewal / continuation | Art. 1335. The doctrine this notice defeats |
| Resolver el contrato | To resolve (terminate) the contract | The exact phrase art. 1335 uses for what the notice communicates |
| Notificación | Notification | The operative act under art. 1335 |
| Desahucio | Summary ejectment | 32 L.P.R.A. §§ 2821 et seq. |
| Lanzamiento | Physical eviction / removal | Art. 632–633. What the marshal executes after judgment |
| Precarista | Occupant without right | Art. 621’s “disfrute precariamente” — what the tenant becomes once the lease stops continuing |
Mistakes that undermine a Puerto Rico notice of non-renewal
Serving nothing and waiting for the term to run out
The first and by far the most expensive. There is no expiry event under article 1335. A landlord who lets the term arrive in silence has a lease running on the original rent, indefinitely, and will be in the same position next year having lost twelve months of whatever the market moved.
Using a mainland template that recites a statutory notice period
A document asserting that “Puerto Rico law requires 30 days’ written notice” states something no Puerto Rico statute says. At best it is surplusage; at worst the tenant points to it and asks which statute, and the answer is none. State the period’s real source — your lease clause, or your own election — and the document survives the question.
Relying on the fifteen-day rule
Waiting for the tenant to be fifteen days into a holdover before treating the lease as renewed, or assuming a month-to-month renewal will follow, applies articles 1456 and 1471 of a Code repealed on 28 November 2020. Under article 1335 the continuation begins immediately and has no term.
Assuming the lease governs when it may not
Where the lease predates 28 November 2020, article 1813 puts the applicable regime genuinely in question. Serving a notice that recites only article 1335 on a 2018 lease is not fatal, but it is avoidable: draft so the notice works under either regime.
Alleging nonpayment inside a non-renewal
Article 1348(c) requires two consecutive unpaid periods for the Code’s own nonpayment resolution ground. A non-renewal that also asserts arrears invites the tenant to litigate the arrears, and if the arrears fail the notice looks like a pretext. Keep the instruments separate.
Serving one tenant out of several
A notification binds the person notified. Name and serve every adult tenant on the lease.
Serving by a method that proves nothing
Certified mail returned unclaimed proves dispatch. Email proves transmission. Neither proves that the will to resolve was communicated on a given date, which is the fact in issue. Pair any postal or electronic method with a physical one, or use a notary.
Forgetting the guarantor consequence
Article 1335’s second paragraph means third-party security may not follow the tenancy past the notified resolution. A landlord who intends to keep a guarantee in place through a continuation should take advice rather than assume.
Treating an assisted tenancy as a private one
A voucher tenancy needs a stated good cause under 24 C.F.R. § 982.310 and a copy of the notice to the housing agency. A public housing tenancy needs the administrative procedure at 17 L.P.R.A. §§ 1015 et seq. and its thirty days’ written notice before the evidentiary hearing. Neither is served by a private notice of non-renewal.
Self-help
Changing locks or cutting utilities instead of filing a desahucio. The statutory route is fast — appearance within ten days, judgment within a mandatory ten — and the unlawful route forfeits it.
What the pages currently ranking for this query get wrong
We read the pages that rank for “puerto rico notice of non renewal” before writing this one. The picture is unusually poor, and it is worth setting out because a reader arriving here has probably already read some of them.
| Claim in circulation | The position from the code |
|---|---|
| Puerto Rico requires just cause to end a tenancy, with roughly seven enumerated statutory causes the landlord must prove in court | No such provision exists for a private lease. The Civil Code lease chapter contains no just-cause article, and the desahucio statute enumerates no grounds. A cause requirement operates in public housing (17 L.P.R.A. §§ 1015 et seq.) and in voucher tenancies (24 C.F.R. § 982.310), not generally |
| The Ley de Alquileres Razonables, 17 L.P.R.A. ch. 9, layers a reasonable-rent regime on covered units | Act 464-1946 was repealed by Act 57 of 25 June 1995, completely as of 25 June 1998 by its article 4. Mirrors that still display the chapter are displaying repealed text |
| A tenant who holds over fifteen days with the landlord’s acquiescence triggers an implied renewal whose term tracks the rent interval | That is Civil Code of 1930 arts. 1456 and 1471, repealed with effect from 28 November 2020. Article 1335 now continues the lease immediately, on the same terms, with no fixed length |
| Puerto Rico tenancies convert to month-to-month terminable on thirty days’ notice | Contract boilerplate from lease templates, not statute. Art. 1333 deems an immovable lease made for one year where no different term was agreed |
| The landlord must give 30 days’ written notice of non-renewal under the 2020 Civil Code | The 2020 Civil Code sets no period and does not require writing. The lease clause governs; writing is evidentiary |
| Fifty-state tables that omit Puerto Rico, or list it with a mainland periodic-tenancy rule | Neither the omission nor the substitute is usable. Puerto Rico is civil law and the mainland framework has no counterpart here |
| Numbers such as 15, 10 and 7 days presented near non-renewal timing | All for-cause or procedural: arrears accrual, the ten-day appearance and judgment periods under desahucio arts. 623 and 625, and the seven days’ notice a landlord must give before entering to inspect under art. 1346(h) |
The most striking finding from that review was a negative one. Not one page ranking for this query cites any authority for a Puerto Rico landlord’s non-renewal notice period. The figures that appear are lifted from lease templates or from for-cause procedures. That is not a gap we can fill with a better number, because the correct answer is that the Code supplies none — so what we can offer instead is the article that actually governs, the reason the period comes from your lease, and a document that says so on its face.
Serving a Puerto Rico notice of non-renewal, step by step
Find the date the agreed term ends
From the lease. If no term was agreed, article 1333 deems it one year from the start of the tenancy.
Establish which Code governs
Lease made on or after 28 November 2020, article 1335 applies. Earlier and still running, article 1813 puts it in question — draft for both.
Read the lease’s own notice clause
It is the only enforceable timing rule in play. Count back from the end of the term and diarise the deadline.
Check the tenancy type
Private, voucher-assisted, or public housing. The last two change the instrument, not just the wording.
Generate the bilingual notice
It recites article 1335, names every tenant, states the effective date and its source, and records the manner of delivery.
Deliver by a method that produces proof
Signed receipt, notary, or certified mail with a physical back-up. Deliver to every adult tenant.
File the proof with the lease and the rent ledger
The date of notification is the fact a desahucio turns on. Keep what proves it.
If the tenant stays, file the desahucio
Under the statutory jurisdiction section, a municipal judge where the claim is $5,000 a year or less, otherwise the Court of First Instance. Appearance within ten days of filing.
Puerto Rico statute reference table
| Provision | Subject | What it establishes |
|---|---|---|
| Cód. Civ. 2020 art. 1331 31 L.P.R.A. § 10101 | Definition of the lease | The landlord binds itself to cede temporarily the use and enjoyment of a thing in exchange for a certain price |
| art. 1332 § 10102 | Duration | A lease may be of determinate or indeterminate duration |
| art. 1333 § 10103 | Default term | A lease of immovable property is deemed made for one year unless a different term was agreed |
| art. 1334 § 10104 | Death and transfer | Death of the landlord or transfer of the property does not affect the agreed duration, absent contrary agreement. For a dwelling, family members who lived with the tenant for the six months before their death, or a person who lived with them for that time, may take the tenant’s place |
| art. 1335 § 10105 | Continuation / tácita reconducción | On arrival of the agreed term the lease continues on the same terms until a party notifies the other of its will to resolve. Third-party security ceases as regards the notifying party |
| art. 1336 § 10106 | Assignment and sublease | Permitted unless expressly prohibited; the landlord may refuse only where the assignee lacks equivalent economic qualifications or the intended use would cause economic harm |
| art. 1341 § 10142 | Rent periods | Rent may be agreed in arrears or in advance; absent stipulation, in arrears |
| art. 1342 § 10151 | Freedom of form | No special formality is required for validity, except for registration against third parties |
| art. 1343 § 10152 | Writing | A lease of immovable property agreed for more than six years must be in writing (as amended, Act 122-2026) |
| art. 1346(h) § 10162 | Entry to inspect | The tenant must permit the landlord to inspect for justified cause on seven days’ prior notice |
| art. 1346(i) § 10162 | Surrender | The tenant must vacate or restore the property when the lease ends, in the state received, allowing for time and ordinary use |
| art. 1348 § 10171 | Resolution by the landlord | Abandonment or change of use; breach of the duty to conserve; failure to pay rent for two consecutive periods |
| art. 1349 § 10172 | Resolution by the tenant | Failure to keep the property fit; breach of eviction or hidden-defect warranties; deprivation of part of the use through improvements |
| art. 1350 § 10173 | Early resolution | The parties may agree it |
| art. 725 31 L.P.R.A. § 7863 | Ejectment action | The person entitled to possess may bring desahucio against any possessor with no right to possess |
| arts. 1812–1813 §§ 11717–11718 | Transition | Contracts made under the earlier legislation take their effects under it; the 2020 Code does not apply to contracts in course of execution when it took effect |
| arts. 1819–1820 | Repeal and commencement | The Civil Code of 1930 is repealed; the Code begins to govern 180 days after approval — 28 November 2020 |
| 32 L.P.R.A. §§ 2821–2838 | Desahucio | Arts. 620–634 of the Ley de Procedimientos Legales Especiales: standing, defendants, a statutory jurisdictional threshold at $5,000, ten-day appearance, mandatory ten-day judgment, five-day appeal, bond, execution |
| Act 57 of 25 June 1995 | Repeal of rent control | Staged repeal of Act 464-1946, complete as to all residential and commercial lettings three years after approval |
| 17 L.P.R.A. §§ 1015–1015h | Public housing | Administrative cancellation procedure; parameters; 30 days’ written notice of intention before the evidentiary hearing |
| 24 C.F.R. § 982.310 | Voucher tenancies | Owner termination requires serious or repeated lease violation, violation of law, or other good cause; business or economic reason qualifies; not available for other good cause in the initial term; written notice stating grounds, copy to the agency |
| 34 U.S.C. § 12491 | VAWA housing protections | Bars denial or eviction on the basis of being a victim of domestic violence, dating violence, sexual assault or stalking — in covered housing programmes only |
| 42 U.S.C. §§ 3601, 3617 | Fair Housing Act | Prohibits discriminatory refusals and interference with the exercise of fair housing rights; applies in Puerto Rico |
What this page could not establish
A page that is honest about its limits is more useful than one that is confident everywhere. These points were researched and not resolved, and none of them is papered over above or in the generated document.
- Whether an article 1335 notice takes effect immediately. The article says the lease continues “until” a party notifies. No Puerto Rico appellate decision construing the timing was located. The page therefore treats the lease clause as the source of the period and, where the lease is silent, treats the chosen date as the landlord’s own election.
- Whether a pre-2020 lease that has continued past its term remains a contract “en curso de ejecución” under article 1813. This decides whether the repealed fifteen-day rule or article 1335 applies to a great many existing Puerto Rico tenancies. We found no authority settling it.
- The full text of 17 L.P.R.A. §§ 1015 to 1015h. The chapter’s scope, section headings and the thirty-day pre-hearing notice were established, but we were unable to read every section in full from an official source. The page describes the procedure at that level and directs public housing landlords to the administering authority rather than summarising sections we did not read.
- Any Puerto Rico record-retention period for a tenancy notice. None located. The “retain for four years” instruction that appeared on the previous version of this page has been removed rather than re-cited.
- Any Puerto Rico statutory anti-retaliation provision for private tenancies. None located. Retaliation protection in the sources we could read runs through federal fair housing law and through programme rules in assisted housing, and that is how the page states it.
- Any statutory service cascade for tenancy notices. None located. The service table above is ranked by evidentiary quality, not by statutory hierarchy, and says so.
Frequently asked questions
Can a landlord refuse to renew a lease in Puerto Rico?
Yes, for an ordinary private residential lease, and no statute requires the landlord to prove a cause. The Civil Code of 2020 contains no just-cause article, and the desahucio statute at 32 L.P.R.A. §§ 2821 to 2838 enumerates no grounds. What the landlord must do is notify: article 1335 keeps the lease running on the same terms until someone communicates a will to resolve it.
How much notice must a Puerto Rico landlord give not to renew?
The Civil Code fixes none. Article 1335 (31 L.P.R.A. § 10105) requires notification and attaches no number of days, and no other Puerto Rico provision supplies one for a residential non-renewal. The enforceable period is the one your lease states. Where the lease is silent, serve before the agreed term ends and set the effective date at the end of a rent period.
What is tácita reconducción?
The civil-law doctrine by which a lease carries on after its agreed term without a new contract. Under article 1335 the lease continues on the same contracted terms from the moment the term arrives, with no waiting period and no fixed renewed length, until a party notifies the other of its will to resolve. A notice given before the term ends prevents it from arising at all.
Doesn’t the tenant have to stay fifteen days first?
That was article 1456 of the Civil Code of 1930, which required fifteen days of continued enjoyment with the landlord’s acquiescence, and article 1471, which fixed the renewed term by the rent interval. Article 1819 of the 2020 Code repealed the 1930 Code, with effect from 28 November 2020. Pages still describing the fifteen-day window are describing repealed law.
Is there a month-to-month tenancy in Puerto Rico?
Not by default. Article 1333 (31 L.P.R.A. § 10103) deems a lease of immovable property made for one year unless a different term was agreed. Parties may agree a monthly term, but where nothing was agreed the Code supplies a year, not a month, and there is no periodic-tenancy layer for a mainland thirty-day rule to attach to.
Does the Ley de Alquileres Razonables still apply?
No. Act 464 of 25 April 1946 was repealed by Act 57 of 25 June 1995. Article 2 of the 1995 act lifted it from higher-rent lettings after one year, article 3 from a further band after two years, and article 4 provided that after three years it would cease to apply to every dwelling and commercial premises in Puerto Rico and be repealed in its entirety. Online mirrors that still display 17 L.P.R.A. ch. 9 are displaying repealed text.
Does the notice have to be in writing?
Article 1335 says only that a party must notify the other of its will to resolve; it prescribes no form, and article 1342 establishes freedom of form for the lease contract itself. Writing is therefore an evidentiary necessity rather than a demonstrated statutory command. In a desahucio the landlord must prove that notification happened and when, and an oral notice leaves nothing to prove it with.
Which Civil Code governs my lease?
Article 1813 (31 L.P.R.A. § 11718) provides that the 2020 Code does not apply to contracts in course of execution in force when it took effect on 28 November 2020. A lease made on or after that date is governed by article 1335. An older lease still running raises a genuine question we found no authority resolving; the safe course is to draft the notice so that it satisfies both regimes.
What happens if the tenant does not leave?
The landlord files a desahucio under articles 620 to 634 of the Ley de Procedimientos Legales Especiales. The municipal judge of the region hears it where the rent owed or the claim does not exceed $5,000 a year under that statutory section; otherwise the Court of First Instance does. The appearance is set within ten days of filing, judgment must issue within a mandatory ten days, and an appeal must be taken within five days and secured by a bond or, in a nonpayment case, by depositing the debt.
Can I end the lease early for unpaid rent?
Article 1348(c) allows the landlord to resolve where the tenant has failed to pay the agreed rent for two consecutive periods, and article 1348(a) and (b) cover abandonment, change of use and failure to conserve. A written lease will usually contain its own default clause. Whichever you rely on, keep it out of the non-renewal notice — the two instruments prove different things.
Does a Section 8 landlord need good cause?
Yes. Under 24 C.F.R. § 982.310(a) the owner may terminate during the lease term only for a serious or repeated lease violation, a violation of law imposing obligations on the tenant, or other good cause. Section 982.310(d)(1)(iv) counts a business or economic reason — sale, renovation, or a desire to lease at a higher rent — as other good cause, but § 982.310(d)(2) bars other good cause during the initial lease term unless the family did or failed to do something. Written notice stating the grounds must be given, with a copy to the housing agency.
What about public housing?
A public housing lease is cancelled under 17 L.P.R.A. §§ 1015 to 1015h, which requires the administration to weigh enumerated parameters, prove the conduct, establish a causal link between conduct and sanction, and give written notice of the intention to cancel at least thirty days before the administrative evidentiary hearing. A private notice of non-renewal has no application, and the generator on this page refuses to produce one for a public housing tenancy.
Does my guarantor stay on the hook after the term ends?
Not necessarily. The second paragraph of article 1335 provides that where a party notifies its will to resolve, obligations granted by a third party to secure the principal contract cease as regards that party. A landlord relying on a guarantee or surety through a continuation should take advice rather than assume it carries over.
Does the notice have to be in Spanish?
No statute requiring it was located. Serving bilingually is nevertheless the sensible course: Spanish is the working language of the Court of First Instance across most of Puerto Rico, a desahucio is heard there, and whether the will to resolve was actually communicated is exactly the sort of question a language mismatch invites. The generator produces both versions on one document.
Can I raise the rent instead of ending the tenancy?
Article 1335 continues the lease “en los mismos términos contratados” — on the same contracted terms — so the continuation carries the old rent. Changing it means agreeing a new contract, and article 1344 (31 L.P.R.A. § 10153) requires modifications to observe the same formalities as the original grant. In practice the landlord notifies the will to resolve and offers a new lease at the new figure, which is a negotiation rather than a unilateral act.
Sources cited on this page
- Código Civil de Puerto Rico de 2020, Act 55 of 1 June 2020, as amended — official consolidated text published by the Oficina de Gerencia y Presupuesto (bvirtualogp.pr.gov), read directly. Chapter VI of Book Five, El Arrendamiento, arts. 1331–1350 (31 L.P.R.A. §§ 10101–10173); art. 725 (§ 7863); transitional provisions arts. 1806–1817 (§§ 11711–11722); arts. 1819–1820
- Art. 1335, Continuación del arrendamiento concluido o tácita reconducción, 31 L.P.R.A. § 10105 — quoted in full above from the official text
- Art. 1813, Contratos en curso, 31 L.P.R.A. § 11718; art. 1812, 31 L.P.R.A. § 11717
- Código Civil de Puerto Rico de 1930 (repealed), arts. 1456 and 1471, formerly 31 L.P.R.A. §§ 4063 and 4092 — the fifteen-day tácita reconducción rule and the rent-interval renewal term
- Ley de Procedimientos Legales Especiales (titles XVI and XVIII of the Code of Civil Procedure of 1933, as amended) — official consolidated text published by the Oficina de Gerencia y Presupuesto, arts. 620–634, 32 L.P.R.A. §§ 2821–2838, including the amendments made by Act 129-2007, Act 86-2011, Act 142-2011 and Act 95-2026
- Act 57 of 25 June 1995 (P. del S. 721), repealing in stages Act 464 of 25 April 1946, the Ley de Alquileres Razonables — full text of the exposition of motives and arts. 1–6
- 17 L.P.R.A. §§ 1015–1015h, Procedimiento para Cancelar Contratos de Arrendamiento, including § 1015a (Desahucio — Parámetros) and § 1015d (Cancelación de contrato — Condiciones)
- 24 C.F.R. § 982.310 (owner termination of tenancy, Housing Choice Voucher programme), paragraphs (a), (d)(1), (d)(2) and (e)
- 34 U.S.C. § 12491 (Violence Against Women Act housing protections; covered housing programmes)
- Fair Housing Act, 42 U.S.C. § 3601 et seq., and 42 U.S.C. § 3617
- Practitioner commentary on tácita reconducción under the 2020 Code and its three elements, Microjuris Puerto Rico (2024)
- Ayuda Legal Puerto Rico, Inc. — public legal-information materials on retaliation in housing and on Section 8 responsibilities
When to take advice
A private, unassisted lease with a clear written term and a clear notice clause is a straightforward document. Take advice before serving where the lease predates 28 November 2020 and the governing Code is in doubt; where a guarantor or corporate surety is meant to survive the term; where the tenancy is voucher-assisted or in public housing; where the tenant is elderly, disabled, or the household may be found economically insolvent, because articles 623 and 632 of the desahucio statute then bring the Departments of the Family and of Housing into the case and change the timetable; where the tenant has raised habitability or fair-housing complaints; or where the property is being sold and the tenancy has been continuing for years on terms nobody has looked at recently.
Screen Puerto Rico applicants thoroughly before move-in
In a jurisdiction where the lease keeps running until somebody speaks, who you approve at the start matters more than any notice you can serve later. Tenant Screening Background Check has been verifying renters since 2004 — credit, eviction filings, criminal background and employment — across all 50 states and the territories.
More Guides and Forms for Puerto Rico
Published by Tenant Screening Background Check
Established 2004 · 20+ Years · All U.S. States & Territories · Statute-Based · Attorney-Reviewed
A Private Eye Reports™ service trusted by landlords, property managers, and attorneys.

