Lease Agreement

Article 1579

The lease is a contract by which one of the parties

contractors are obliged to allow the other party to enjoy a movable thing or
property, for a certain period and for a determined price that
this one is obliged to pay that one.
It will be understood that installment sales refer to the leasing of things.

furniture with the obligation to transfer to the tenant in any

time the property of the rented things.

The lease agreement for movable property is the document

through which a person (called the lessor) transfers to another
person (called tenant) the enjoyment or use of a movable good
(vehicle, machinery or other) for a specified time and in exchange
of the payment of a rent.

Required conditions

Art 1141

The requirements for the existence of a contract are:

1. Consent of the parties; understanding this as the

agreement of wills regarding the subject matter of the contract that
it is manifested by the concurrence of the offer and acceptance.
 2. Object that can be the subject of a contract; the object comes
being an asset susceptible to valuation that corresponds
with an interest of the contractors, that is, the subject matter of
contract is the intention pursued by the parties with the
celebration of the legal transaction.

3. Lawful cause; it refers to the legal cause of it and not

the personal reason of each of the contracting parties to celebrate
the legal business. That is to say, it must be about a cause that
don't be false
This is based on the fact that every legal transaction must comply with the law.

to morality and good customs.

Validity requirements.

Consent of the contractors

A determined object
- A foundation or tail of the same.

The contract can be canceled:

1. Due to the legal incapacity of the parties or one of them;

 At least the minors, the adults
that due to reversible or irreversible illness, or that due to
his state of disability, whether of a physical or sensory nature,
intellectual, emotional, mental or several of them at once, no
they can govern themselves, obligate themselves or express their will on their own

the same or by any means that replaces it.

2. And due to defects in consent.

What is, for example, the error, who celebrates a contract while being
mistaken about the thing that constitutes its object or about the
qualities of it.
Similarly, when it is due to deceit, which is nothing but trickery or

artifice used by one of the parties to achieve that the

another gave their consent.

Parties or subjects in the lease agreement

Lessor (ACTIVE SUBJECT) is obliged to transfer

temporarily the use and enjoyment of a movable or immovable property.

Tenant, (TAXPAYER) who in turn is obligated to

pay for that use or enjoyment a certain and determined price.

Elements of the lease agreement:

 Capacity.

Consent.

Object.

Lawful cause.

Price or rent.

Capacity.Powerperform legal acts, be susceptible

ofobligations, to be able to hire, etc., these powers are obtained upon
moment to reach legal age (18 years), as established by the
norm, meeting this age requirement, thepersonit can now
exercise yourrightsto carry out legal acts,contractsprivate
fulfill the obligations that arise from contracts, etc., for
to have the ability to exercise, it is necessary to first have the
capacity for enjoyment.

Consent. It is aconceptlegal that refers to the

existence of an agreement between two or more people to accept
rights and obligations. Its main framework of action is
theCivil lawand, especially, the Law of obligations and of
contracts, where consent plays a fundamental role in
the framework of the autonomy of the will.

Object. The object of the legal act is its content, the object of
celebrating a legal act is the relationship of a legal relationship that
serve as a link between the parties, this relationship conceptualizing it
how the object must bephysicsand legally possible for the act
legal validity. The object of the legal act being the relationship
legal entity created, it in turn has an purpose, as this relationship
legal creates obligation orbenefitsfrom both sides and these
obligations or benefits are aimed at thegoods, services,
rights, etc.

Cause. It is divided into:

Cause Source: it is the origin or legal fact generator of

obligations or a legal act.

Causa Fin: it is the purpose or aim pursued by the parties.

upon carrying out the act or legal transaction.

Price or rent. The price could consist ofmoney, already in fruits

natural of the leased item; and in this second case it can be set
a certain amount or a share of the fruits of each harvest.
It is called rent when it is paid periodically.

FORM OF CELEBRATING THE CONTRACT

The parties may voluntarily agree to grant

forwritingpublic or private and even conditional on this circumstance
the improvement; they can also agree on a deposit (works as
a penalty clause, that is: The penalty replaces the compensation of
damages and payment of interest in case of non-compliance.

Obligations of the parties

Obligations of the landlord:

ARTICLE 1585.-- The landlord is obligated by the nature of
contract and without the need for special convention:
1st To deliver the leased item to the tenant.
To keep it in a condition to serve the purpose for which it is intended.

rented.
3rd To maintain the tenant in the peaceful enjoyment of the property
leased, during the term of the contract.

ARTICLE 1586.-- The landlord is obliged to deliver the thing.

in good condition and the necessary repairs made.
During the term of the contract, you must carry out all the repairs that
the thing I need, except for the small repairs that, according to the
Use, they are the responsibility of the tenants.

ARTICLE 1587.-- The landlord is obligated towards the

tenant to the remedying of all the vices and defects of the thing
leased that prevent its use, even if I did not know them at the time of
contract; and is liable for the compensation of damages and losses
caused to the tenant by the defects and flaws of the thing, unless
that he proved he was ignoring them.

ARTICLE 1588.-- If during the lease the property is completely destroyed

what is leased, the contract is resolved. If it is destroyed only in
part, the tenant may, depending on the circumstances, request the
resolution of the contract or reduction of the price. In neither of the two
Cases must be compensated if the thing has perished due to fortuitous circumstances.

ARTICLE 1589-- The lessor cannot, during the lease,

vary the form of the leased item.

ARTICLE 1590-- If during the contract it is necessary to make changes to the thing

rented any urgent repair that cannot be deferred until the

upon termination of the lease, the tenant has the obligation to
tolerate the work even if it is very annoying and even if it is seen during it

deprived of a part of the thing.

If the repair lasts more than twenty days, the price must be reduced
lease, in proportion to the time and the part of the thing of
that the tenant is deprived.
If the work is of such nature that it prevents the use that the tenant
As for the matter, he may, depending on the circumstances, have it resolved.
the contract.

ARTICLE 1591-- the lessor is not liable for the disturbance that a
third party caused by mere fact in the use of the leased item without
to claim rights in it; but the tenant will have direct action
against the disruptor.
If, on the contrary, the tenant is disturbed in their enjoyment of
consequence of an action related to the ownership of the thing, will have
right to a proportional compensation in the price of
lease, as long as the nuisance and obstruction have occurred
reported the landlord.

Tenant's obligations

ARTICLE 1592.-- The lessee has two main obligations:

1st You must use the leased thing as a good head of the household.
and for the specific use in the contract, or, in the absence of agreement,
for the one who can be presumed, depending on the circumstances.
2º You must pay the rental fee under the terms
welcome.

ARTICLE 1593-- If the tenant uses the thing for a use

different from the one to which it has been allocated or in such a way that it can

harm the landlord, he may, depending on the circumstances,

to terminate the contract.

ARTICLE 1594 - The tenant must return the thing as it was

received in accordance with the description made by him and the landlord,
except for what has perished or deteriorated due to age or due to
force majeure.

ARTICLE 1595-- If the description has not been made, it is presumed that the

the tenant has received the item in good condition and with the repairs
locatives, and must return it in the same condition, unless proven otherwise
opposite.

ARTICLE 1597 - The tenant is responsible for the deterioration or

loss suffered by the leased thing, unless proven to have been
caused without his fault.
It also responds to the losses and damages caused by the
people from their family and by the subtenants.

ARTICLE 1598-- The tenant's liability in case of

the fire ceases if the landlord can be compensated for it
insurer, except for this the appeal against the tenant if
he proves that the fire was caused by lack of it.

Particularity of the lease agreement

Contracts made by the guardian regarding the ward's property

ARTICLE 365.- The guardian cannot, without judicial authorization, take

money on loan in no case or give it without guarantee; give pledges or
mortgages; to transfer or encumber real or personal property,
whatever its value; to assign or transfer credits or documents
of credits; acquire real estate or personal property, except for the
necessary objects for household economy or for management of
heritage; to give or take real estate on lease for a period
determined; to commit to do or to pay improvements; to repudiate
inheritances; accept donations or legacies subject to encumbrances or
conditions; submit disputes to arbitrators and not compromise them; agree on
neither the claims nor to desist from them; nor to carry out partitions.
The provisions of Article 267 are applicable to the promotion,
substantiation and dispatch of the necessary judicial authorizations to
the tutors.

Capacity of the spouse and the de facto partner in a stable manner for
rent their assets

Article 154
Each spouse has the free administration and disposal of their
own assets: but not
may have them free of charge, nor waive inheritances or
legacies, without the

consent of the other.

Leasing of the property of the absentee

ARTICLE 428 - Provisional possession grants to those who obtain it and to

his successors, the administration of the absent person's assets, the law
to exercise in judgment the actions that correspond to it and the enjoyment of the

rents of their assets in the proportion established in the article

next.
Note: The provisional possession is the temporary granting of the
judicial protection

Leasing of the inheritance assets.

ARTICLE 429 - Provisional possession must be granted formally.

inventory; and those who obtain it cannot do so without judicial authorization
knowing that any act that surpasses the
limits of a simple administration.
The ascendants, descendants, and the spouse, who have the
provisional possession, they take full ownership of the product of the income of

the property of the absent person from the day they took possession.
The other people will take half of those rents in the five.
first years, counting from the day they took possession; and
they will take ownership of the total of such rents after this deadline.

The Judge will agree, if he deems it appropriate, the sale in whole or in

part of the movable property, determining the use that should be given to it

at the price to secure it, and will ensure that this is fulfilled
determination.

Note: Inventory: Ordered list of goods and other valuable items

that belong to a person, company, or institution.

Parents' ability to lease their children's assets

Article 364. Representation and administration of the assets of
son or daughter.

The representation and management of the son or daughter's assets

they will govern substantively according to what is provided for in this Law and subsidiarily

as contemplated in the Civil Code, processing the procedures

corresponding in accordance with the provisions of this Law.

Article 267. Profit from the delivery of children or adolescents.

Whoever promises or delivers a son, daughter, pupil, or child
the adolescent under their Responsibility of Care to a third party,
by payment or reward, shall be punished with imprisonment for
from two to six years.

Whoever offers or makes the payment or reward incurs the same.

penalty.

Note: The parents or guardians regarding the assets of minors or

those incapacitated may lease their assets, but for
a period not exceeding six years.

They can be leased

As long as they are of legal age or minors but
emancipated, and are not incapacitated (crazy, deaf-mutes who do not
know how to write and prodigals who are prohibited from renting.
REGARDING THE LAW.

Object

Article 1. This Law aims to establish the regime

special legal regime of urban property leasing and
suburban areas designated for housing, whether rented or
totally or partially sublet; within the framework of the novel
legislation and National Housing and Habitat Policy, as a system
integrated aimed at confronting the housing crisis that has affected
our people as a consequence of the exploitative capitalist model and
exclusive; with the supreme purpose of protecting the social value of the

housing as a human right and the full guarantee of this right to

the entire population; countering the commodification and the
economic speculation with housing, which turns it into a means
of exploitation and oppression of human beings by human beings; and
promoting fair rental relationships in accordance with the principles
of the democratic and social state, of law and justice, fulfilling
the mandate of the refoundation of the Republic, established in the Charter
Great.

Strategic and public interest character

Article 2. This Law is of a strategic nature, within the framework of

the comprehensive and effective guarantee of the right to adequate housing and a
decent habitat, and it is declared of general, social, and collective public interest
all matters related to the leasing of real estate
intended for housing, pension, room or residence; to that effect, the
The National Executive will take measures in this matter that will allow
develop the foundations and mechanisms that guarantee to all the
families, citizens, the enjoyment of the human right to a
housing and habitat in dignified conditions that humanizes relationships
family, neighborhood, community, and social based on the
Constitution of the Republic and the law.

Promotion and encouragement of socially responsible leasing

responsible

Article 4. The State will promote and protect leasing.

in charge of housing, pensions, residences, or rooms,
framework of the comprehensive guarantee of the right to housing and habitat,
conceived as:

A transitional housing towards the definitive dignified housing of the

families and individuals, who are satisfied with everyone's access and
everyone has the right to adequate and decent housing, in accordance with
constitutional mandate, human rights, and national laws.

A response to the needs for temporary stay for the

families and individuals, for reasons of study, work, or others, typical of
social mobility.

3. A means for the responsible use of housing property, in

so it constitutes a way of putting housing at the service of the
society, when there is no immediate availability to occupy or
sell an asset of supreme social interest; being contrary to the
Constitution of the Republic and to this Law the practices of
hoarding and speculation in the real estate sector.

Sole paragraph. Unoccupied housing is contrary to the social interest.

and implies a special tax contribution for the owners, which
will be established by law and determined by the body responsible for
ensure its compliance, as a measure to promote the
leasing of unoccupied housing that is not offered in
sale, addressing the social needs in the matter. It
will also promote the release of tax burdens on the
property of real estate that is leased as part of the
stimulus policies.

Supreme fines in leasing matters

Article 5. The legal regulation and public policies in the matter of

leasing, pursue as supreme goals:

Promote socially responsible leasing, like housing

complementary and transitional in the protection and guarantee of the right
human right to a dignified and adequate housing for all people and
families; in accordance with the Constitution of the Republic, the laws
and national policies on housing and habitat, as part of
an integrated system aimed at responding to the housing crisis that
long live our people.
2. Ensure that families and individuals do not spend more than ten
years as tenants, promoting the
progressive reduction of this deadline; through access of the
tenants and tenants to the ownership of the homes,
according to what is established in Article 82 of the Constitution of the
Republic and other laws that govern the matter, as well as within the framework

from the Great Housing Mission Venezuela, giving priority to those

families that are at vital risk and those that have the greatest
number of years living as tenants or
tenants, for not having their own housing.

3. Generate a legal framework and public policies for the

establishment of fair rental relationships that seeks the
social welfare and legal security of the parties in the relationship
leasehold. Establishing and guaranteeing duties and rights of
landlords, tenants and female tenants, as subjects
beneficiaries and co-responsibles of the public system for the
regularization and control of housing leases.

4. Provide special protection by the State, with the

co-responsibility of society, families, and individuals who live
as tenants, being considered a
vulnerable sector as long as it does not have access to property of the
housing; especially when the condition of weakness is evident
economic and therefore legal; capable of supporting relationships of
exploitation, discrimination or subjugation to access a
temporary housing. Promoting, likewise, the protection of the
small landlords that meet the condition of being weak
economic and legal.

5. Promote a social security policy for the tenant or

tenant, complementary to the housing policy that is part of
of the social security of workers.
Establishing protection policies for small ones
responsible landlords, who may be affected
in a rental relationship due to breach or incapacity
economic situation of the tenant according to the
Constitution of the Republic and the law.

6. Let justice prevail over legal formalities and reality

about shapes and appearances; especially when the shapes and
appearances that are adopted are aimed at undermining the interest
social or the rights of individuals in the enjoyment of the right to
housing, thus establishing criminal responsibilities or
financial penalties according to the severity of the case. As well as establishing strict

controls on the change of use of properties intended for housing,

that seek to evade the responsibilities inherent to ownership
of said assets; considering the destination for housing as preferable
or room in accordance with the Constitution of the Republic and the laws.

7. Combat hoarding, vacancy, and commodification of

housing; as well as speculation, discrimination, and relationships of
exploitation of human beings by human beings, associated with
housing lease.

8. Prohibit discrimination and provide protection to those who are

find themselves in a situation of special vulnerability, or susceptible to
to be discriminated against because of: sexual orientation, identity of
gender, ethnic origin, political and religious preference, condition
economic status, marital status, age, social class, health status and
physical condition, among others.

9. Promote popular participation, co-management and the

social co-responsibility in the planning, execution, and control of
national policy on housing lease as part
integral part of national housing and habitat policies; as well as in
alternative dispute resolution in lease matters, through
of the alternative means of justice established in the Constitution
of the Republic and national laws.

10. Ensure the freedom of individuals to enter into contracts.

limited or unlimited lease, in accordance with
with the will of the parties, subject to the limits established herein
Law and other national laws, enjoying the tenants and
tenants of the right of first refusal in leasing.

11. Preserve and guarantee legal security and the greatest stability
of families and individuals, in the ownership of housing that
they constitute the main seat of the home. Benefits may be created.
aimed at stimulating indefinite contracts or those with greater
term, such as a lower tax burden or a decrease
in the social contribution generated by the lease relationship for the
housing security.

12. Eradicate arbitrary evictions and combat all forms of pressure.

and eviction threats by individuals; as well as those that are
carried out by public servers and public servants, who do not
based on administrative or judicial decisions,
or result outside their competencies; establishing sanctions
severe in this subject.

13. Guarantee the rights of individuals, victims of evictions

arbitrary, restoring them in their homes whenever possible
offering them alternatives for the establishment of their home elsewhere
housing, that does not deteriorate their living conditions.

14. That the rent canon is mainly aimed at covering

expenses for property deterioration, state administrative expenses
and of the individuals, product of the rental relationship, containing
a profit margin, especially when it involves for the
landlord the provision of a service (in the case of pensions or
student residences); and in other cases, as applicable
defined by the governing body in the area, as part of a policy of
stimulus for leasing, within the framework of the established limits in
the law.

15. Prohibit the exploitation of public investment in services and

works, in the area where the property is located, to
increase the rental costs.

16. Ensure that the leasing of housing, rooms,

residences and pensions do not constitute a relationship of
exploitation that involves for tenants
loss of a substantial part of their basic salary, necessary for the
maintenance, or that implies the loss of saving capacity
for the acquisition of your own home.
17.Establish specific rules for renting in boarding houses,
student rooms and residences that guarantee rights
of these sectors in their particular conditions.

18. Create a new body regarding housing rental,

to take the leadership in this matter, generating capacity of
effective response with the leading participation of the people in the
management.

19. The body responsible for housing leasing matters

will ensure the fulfillment of these purposes, in order to achieve their
progressive implementation, accompanied by a policy of
information and training in the field of public servants and
public servants, as well as the general citizenry.

20. Establish a set of sanctions and compensations from a

preventive and restorative vision, aimed at generating that the citizens
and citizens refrain from violating this Law, and that they see themselves

obliged to repair the damages caused to the

society, families, and individuals with their actions; it
they will establish criminal responsibilities in cases where there is an attack or

violate the essential rights of families and individuals.

Scope of application

Article 6. The rules contained in this Law are mandatory.

public and mandatory compliance, and shall apply throughout the
territory of the Republic. To this end, the leases or
subletting of properties intended for housing,
room, residence, or boarding house, of the annexes and accessories that with
they are leased, they are subject to regulation under the conditions
determined in this Law.

Definitions

Article 7. For all purposes of this Law, it must be understood

Housing: Space for the social development of the person and their
family group, on which the home is based for satisfaction of
the basic needs of the human being. Student housing: It is
that vital physical space, prepared as temporary housing for
the student, whether it be room, house, villa, apartment, annex
of a dwelling, building, or any other type of housing
established in this Law, which allows for integral and progressive development
during their training. Such housing can be of a public nature,
private or mixed. Room: Physical space that is part of a
property, used as a dwelling and main residence of a person or
family for your home. Pension: Physical space understood by a
set of rooms and areas for common services, used for
continuous form as housing. Minor repairs: All those
that are carried out in order to recover, maintain or replenish by the
deterioration caused by the everyday use of the home, which does not
corresponds with the natural wear of the property and its structure, and
what are the responsibilities of the tenant. Repairs
elders: They are those necessary, inherent to natural wear or
derived from hidden defects of the installations and structure of
property intended for housing, and for which are the responsibility of the

lessor. Multi lessor: Natural or legal person who, in title

personal or through third parties, is dedicated to the leasing of three or
more housing. Small landlord: It is a natural person or
legal entity dedicated to the rental of one or two housing units.
Residences: These are properties rented by room or
bed on which their home is situated.

Governing body

Article 16. The administrative functions in the matter of

The leasing of housing is the exclusive competence of the Power.
National Executive. The National Superintendency is created.
Housing Lease, which is part of the structure of
Ministry of Popular Power with competence in housing matters
habitat, corresponding to exercise the authority in the subject matter of
regulation in this Law.

Obligation of the landlords

Article 22. Landlords must send to the Superintendency

National Housing Rental, the data that is
required for the purposes of the National Rental Registry of
Housing.