Honduras Tenancy Law: the essentials for landlords and tenants

The Tenancy Law (Ley de Inquilinato) governs leases of urban and suburban homes and commercial premises. It applies even if the lease says otherwise: the rights it grants tenants cannot be waived, and any clause that curtails them is void (article 2).

Which leases does it cover?

• Urban and suburban homes and premises (article 4).
• Not hotels, guesthouses and similar (article 6).
• Not furnished homes or premises whose furniture exceeds the value set in article 7; those leases fall under the Civil Code.

The lease must be in writing

• It must be written and state the parties, the property, the rent, how it is paid and the terms (article 23).
• If there is no written lease, the landlord is responsible and faces a fine of one month's rent (article 24).
• If it is not executed as a public deed, it is made in triplicate: original for the landlord, a copy for the tenant and a copy for the tenancy authority (article 25). Lease registration is now handled by the Departamento Administrativo de Inquilinato (DAI).

Rent

• Rent is paid monthly in arrears and each payment extends the lease for the same period; any contrary clause is void (article 22). In practice, the end of the term alone is not enough to require the tenant to leave.
• The landlord must issue a receipt for each payment (article 26).
• If the landlord refuses to accept rent, the tenant may deposit it in the landlord's name at the DAI (article 27).

What a landlord cannot do

• Cut water or power, remove doors or roofs, or take any step to force the tenant out without a court order (articles 28 and 33).
• Refuse to rent to a family with children or discriminate on grounds of race, political belief, social condition or nationality, when the applicant shows they were fully paid up with their previous landlord (article 32).

How a lease ends

By agreement of the parties or by a court judgment, in the cases listed in article 51. Among them:

• Arrears: failing to pay or deposit the rent within eight days after two monthly payments fall due.
• Using the property for a purpose other than agreed, subletting without written permission, or altering it without authorisation.
• Damage caused by negligence (not normal wear and tear).
• The owner needing the home to live in, or building a new structure with approved plans or permit. In those two cases notice must be given at least three months in advance (article 53), and the landlord deposits two months' rent with the court, which goes to the tenant if the stated reason is not carried out (article 54).

If the owner sells

The sale or death of the landlord does not end the lease: the new owner must honour it (article 56). Nor does the tenant's death: the lease continues with the family living in the home (article 55).

What the law does not cover

The security deposit is not regulated by the Tenancy Law; it is a contractual term. Put its amount, what it covers and when it is returned in writing.