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Renting an apartment in Peru: a general guide before you sign a lease

Short answer

Peru's Civil Code doesn't require any special format for a lease, and it doesn't cap the security deposit — whatever you agree with your landlord binds both of you. But it does set a floor of rights no contract can take away: the landlord must deliver the property in the agreed condition and cover necessary repairs during the lease (unless you agreed otherwise), can only inspect with 7 days' notice and a justified reason, and if the lease expires and you keep living there, the law says that's continuation, not automatic renewal. If your lease is also in a public deed or the Formulario Único de Arrendamiento (FUA) under Legislative Decree 1177, your landlord can use the faster notarial eviction process instead of an ordinary lawsuit.

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SPIJ · Peruvian State portal (gob.pe) · El Peruano

Checked 1 Oct 2026Next review 27 Mar 2027

By Gyason · verified 1 Oct 2026

PeruviansForeign residents

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The Civil Code sets a floor, the lease defines the rest

For an ordinary lease, the Civil Code requires no special format: a private document signed by both parties is valid. And on several points — like the deposit amount — the law defers to whatever you agree: Article 1354 says the parties freely set the contract’s terms, and Article 1361 says whatever was agreed binds both parties.

That doesn’t mean everything depends on the contract, though. The Civil Code also sets obligations that apply unless the parties agree otherwise, and in practice these work as the starting point for any negotiation.

What your landlord owes you

Deliver the property in the agreed condition, with all its accessories (Article 1678).
Keep you in use of the property during the lease and maintain it in good condition (Article 1680.1).
Cover necessary repairs during the lease, unless you’ve agreed otherwise (Article 1680.2).
Give 7 days’ notice and have a justified reason before inspecting the property (Article 1681.5) — they can’t come in whenever they want just because they own it.

What’s expected of you as a tenant

Take diligent care of the property and use it for what was agreed in the contract, returning it at the end in the condition you received it, with no more wear than ordinary use (Article 1681, paragraphs 1 and 10).
Give immediate notice of any repair that’s needed. If it’s urgent, you can handle it yourself and ask for reimbursement, notifying the landlord at the same time. Ordinary maintenance and upkeep costs fall on you, unless otherwise agreed (Article 1682).
Answer for loss or damage to the property, unless you prove it wasn’t your fault — even in case of fire (Article 1683).
Tolerate repairs that can’t wait until the lease ends, even if they deprive you of part of the property’s use. In exchange, if that deprivation is significant, you can ask for the lease to be terminated or the rent reduced (Articles 1673 and 1674).

The deposit: no legal cap, but not the landlord’s to spend

The Civil Code sets no maximum for the security deposit — it’s entirely up to what the parties agree. If your lease is under the regulated regime of Legislative Decree 1177 (the Formulario Único de Arrendamiento, or FUA), the law does specify how it must be used: the landlord uses it first to cover damage to the property beyond normal wear, and any remainder must be returned to you without interest when you hand back the property. If the landlord withholds money without justification and you have no other remedy available, the Civil Code also gives you a fallback: unjust enrichment (Articles 1954 and 1955), which requires returning what was wrongfully withheld. See the full detail in our guide on rental deposit returns.

If the lease expires and you keep living there

It doesn’t renew on its own. Articles 1700, 1703 and 1704 are explicit: staying and continuing to pay after the agreed term isn’t a tacit renewal, it’s continuation of the lease under the same terms — and the landlord can ask for the property back at any time. If you don’t return it, they can charge you an equivalent rent until you do. For the full eviction process and its timelines, see our guide on eviction and renting.

Ordinary lease vs. the regulated regime (FUA)

An ordinary lease only needs both parties’ written agreement. The regime under Legislative Decree 1177 is more formal: it requires using the official lease form, naming a specific bank account for rent and the deposit, and including submission and compliance clauses. In exchange for that formality, if the tenant breaches the lease, the landlord can use notarial eviction under Law 30933 — a process of days, not months, as explained in our guide on expedited eviction.

What this guide doesn’t cover in detail

This site also has dedicated pages on more specific rental situations: short-term rentals and Airbnb, rent-to-own arrangements, and whether a building or landlord can ban pets.

How to file

Before signing, record the property's condition in writingA dated inventory or photos protect you (so you don't answer for pre-existing damage) and the landlord (so you can claim reimbursement if the property doesn't match what was agreed).
Clearly define the deposit amount and its conditionsSince the Civil Code sets no cap, it all depends on what you agree to. Spell out in writing what the deposit can be used for and when it gets returned.
Clarify who pays for which repairsThe default rule is that the landlord pays for necessary repairs and the tenant for ordinary maintenance, but you can agree otherwise — make it explicit in the contract to avoid disputes later.
Decide whether the FUA regime (Legislative Decree 1177) suits youIt gives access to faster notarial eviction, in exchange for using the official form, a specific bank account, and extra clauses. Discuss it with the landlord before ruling it out or insisting on it.
Always pay through a traceable methodBank transfer or deposit to the agreed account, never only cash — it's the only proof accepted in notarial eviction and makes any later complaint easier.
If the lease is about to expire, plan aheadIf you want to stay, negotiate a new lease before it expires. If you're leaving, give notice ahead of time and coordinate the handover, recording the property's condition.

What people fail to ask in time

Did you know that if your landlord changes the locks or cuts your utilities to force you out, that's a crime — usurpación — no matter how much you owe?

Find out before it matters →

What most people believe — and what the law says

The belief

A lease has to be in some special format to be valid.

The law

It doesn't. The Civil Code doesn't require any special form for an ordinary lease — a private document signed by both parties is valid. You only need a public deed or the Formulario Único de Arrendamiento (FUA) under Legislative Decree 1177 if you want your landlord to be able to use the faster notarial eviction process under Law 30933.

The belief

The security deposit has a legal cap — say, two months' rent.

The law

The Civil Code sets no cap on the deposit in its lease chapter. Article 1354 says the parties freely set the contract's terms, so the deposit amount is whatever you both agree to.

The belief

The landlord doesn't have to fix anything while I live there — that's my problem.

The law

Article 1680 requires the landlord to make all necessary repairs during the lease, unless they've agreed otherwise. What does fall on the tenant, unless otherwise agreed, is ordinary maintenance and urgent repairs (with a right to reimbursement if you notify the landlord).

The belief

The landlord can come inspect whenever they want because it's their property.

The law

Article 1681, paragraph 5 requires the tenant to allow inspection only 'for a justified reason' and with 'seven days' notice.' Outside of that, you're the one in possession.

The belief

If my lease expired and I keep living there paying rent, it automatically renewed for the same term.

The law

Articles 1700, 1703 and 1704 say the opposite: there's no tacit renewal, only continuation of the lease under the same terms, and the landlord can ask for the property back at any time.

Frequently asked questions

What should I check before signing a lease?

The rent and deposit amounts, who pays for which repairs, the lease term and what happens when it expires, and whether or not you want the lease under the regulated regime of Legislative Decree 1177 (FUA), which enables faster notarial eviction in exchange for specific formalities.

How much can I be asked for as a security deposit?

The Civil Code sets no cap: the amount is whatever the parties freely agree to (Article 1354). If your lease is under the regulated regime of Legislative Decree 1177, the deposit is held in a specific account, used first to cover damages and then any outstanding debts, and returned to you without interest.

Who pays for repairs, the landlord or me?

By default, the landlord covers necessary repairs during the lease (Article 1680.2), unless you've agreed otherwise. Ordinary maintenance and upkeep costs fall on the tenant, also unless otherwise agreed. If a repair is urgent, the tenant can handle it directly and ask for reimbursement, notifying the landlord at the same time.

My lease expired and I still live there — what happens?

It doesn't renew automatically: the law calls it continuation of the lease under the same terms, and the landlord can ask you to return the property at any time. For the full timeline and eviction process, see our guide on eviction and renting.

What's the difference between an ordinary lease and one under Legislative Decree 1177 (FUA)?

An ordinary lease only needs both parties' written agreement. The Legislative Decree 1177 regime is more formal: it requires using the official lease form (FUA), naming a specific bank account for rent and the deposit, and including submission and compliance clauses. In exchange for that formality, if the tenant breaches the lease, the landlord can use notarial eviction under Law 30933 — a process of days, not months.