Navigating Eviction in Ecuador: A Step-by-Step Legal Guide for Property Owners

As a property owner in Ecuador, the prospect of evicting a tenant can be a source of considerable anxiety. The legal landscape, while designed to protect both landlords and tenants, is procedurally rigid. Missteps are not merely inconvenient; they can lead to the dismissal of your case, forcing you to start over at significant cost. This guide, rooted in my hands-on experience as a legal advisor in Cuenca, aims to demystify the eviction process, providing an actionable roadmap grounded in the specific articles of Ecuadorian law that govern these disputes.

Understanding the Legal Framework: Grounds for Eviction

An eviction in Ecuador is not a landlord's unilateral decision; it must be founded on specific legal justifications outlined in Artículo 30 of the Ley de Inquilinato (Tenancy Law). The most common ground is the non-payment of two or more monthly rent payments (falta de pago de dos o más pensiones de arrendamiento).

Other valid grounds include:

• Substantial and unauthorized alterations to the property.
• Using the property for illegal activities or purposes other than those specified in the contract.
• Causing significant damage to the property beyond normal wear and tear.
• The landlord's proven need to occupy the property for their own housing (this has specific and complex notification requirements).

This guide will focus on the most frequent scenario: eviction due to non-payment of rent.

The Eviction Process: A Detailed Step-by-Step Approach

The eviction process is a formal judicial matter governed by the Código Orgánico General de Procesos (COGEP). It is classified as a procedimiento sumario (summary proceeding), designed to be faster than ordinary civil lawsuits. Adherence to every step is non-negotiable.

Step 1: Formal Demand for Payment (Optional but Highly Recommended)

While you can legally file a lawsuit immediately after the second month of non-payment, a formal, documented demand for payment is a crucial preliminary step. It demonstrates good faith and strengthens your case.

• The Best Method: The Notarial Requirement (Requerimiento Notarial). Instead of a simple letter, engage a Notary Public to deliver an official demand. The notary will personally go to the property, document the tenant's response (or refusal to answer), and issue a formal act (acta de requerimiento). This creates an incontestable piece of evidence that the tenant was formally notified.
• Hyper-Specific Detail: A requerimiento notarial in cities like Cuenca or Quito typically costs between $80 and $120. This small investment can significantly bolster the credibility of your claim before a judge.

Step 2: Filing the Lawsuit (Demanda en Procedimiento Sumario)

If the tenant fails to pay, your attorney will file a formal eviction lawsuit (demanda de desahucio) with the competent judicial unit. In larger cities like Quito and Cuenca, this is the Unidad Judicial de Inquilinato y Relaciones Vecinales. In smaller cantons, a Juez Multicompetente will hear the case.

• Jurisdiction: The lawsuit must be filed in the canton where the property is located.
• Essential Documents for Filing:
  • Power of Attorney (Procuración Judicial): A notarized document authorizing your Ecuadorian lawyer to act on your behalf.
  • Proof of Ownership: An updated Certificado de Gravámenes from the Registro de la Propiedad (Property Registry), proving you are the legal owner.
  • Lease Agreement (Contrato de Arrendamiento): The signed agreement.
  • Hyper-Specific Detail: While not mandatory for an eviction suit's validity, having a lease agreement registered at the local Municipality (Municipio) is a best practice. Submitting proof of this registration, often tied to the declaration of the "1.5 por mil" asset tax, demonstrates full compliance and can smooth the process. An unregistered contract is still valid but may invite judicial scrutiny.
  • Proof of Arrears: A sworn statement (declaración juramentada) detailing the unpaid months, bank statements showing the lack of deposits, and the requerimiento notarial if you completed Step 1.
  • Personal Identification: Your cédula or passport.

Legal Basis: The lawsuit is filed under the provisions of the Ley de Inquilinato, and the procedure follows the rules for a procedimiento sumario as laid out in Artículo 332 and 333 of the COGEP.

Step 3: Service of Process (Citación)

Once the judge qualifies the lawsuit, the court orders the tenant to be formally served notice. This is a critical step called citación.

• Official Service: A court official (citador) will visit the property to personally deliver the lawsuit documents to the tenant. If the tenant is not present after several attempts, the law provides for alternative methods, such as serving another person in the household or, as a last resort, notification through publications in a local newspaper, which can significantly delay the process.
• The Clock Starts: Upon successful citación, the tenant has a legally mandated period of 15 days to file a formal response (contestación a la demanda).

Step 4: Tenant's Response and the "Purging of the Default"

The tenant has the right to respond. They can:

• Pay the full amount owed: The Ley de Inquilinato allows the tenant to "purge the default" (purga de la mora) by paying all outstanding rent, interest, and court-ordered costs. Hyper-Specific Detail: A tenant can typically only exercise this right once during the entire landlord-tenant relationship. If they fall behind again, a second eviction suit cannot be stopped by payment.
• Contest the eviction: The tenant can argue they have paid, dispute the amount, or claim the landlord has failed to meet contractual obligations (e.g., maintaining the property in a habitable condition). This requires them to present concrete evidence.

Step 5: The Single Hearing (Audiencia Única) and Judgment

If the tenant contests the lawsuit or fails to respond, the judge will schedule a single hearing (audiencia única).

• The Hearing: In this hearing, both parties present their evidence and arguments. If the evidence of non-payment is clear (e.g., bank records, sworn statements) and the tenant's defense is weak, the judge will often rule immediately.
• The Judgment (Sentencia): The judge will issue a formal judgment ordering the eviction. This sentencia will specify a deadline by which the tenant must vacate the property, typically 30 days.

Step 6: Enforcement of the Eviction (Lanzamiento)

If the tenant defies the court order and remains on the property after the deadline, you cannot take matters into your own hands. Your lawyer must petition the judge to enforce the judgment.

• Order of Lanzamiento: The judge will issue a new order (providencia) scheduling the forceful removal of the tenant.
• Judicial Execution: On the scheduled date, a court secretary, accompanied by the National Police (con auxilio de la fuerza pública), will execute the lanzamiento.
• Hyper-Specific Detail: The landlord is often responsible for coordinating and paying for the logistical requirements of the lanzamiento on the day of the event. This can include hiring a locksmith to open the door, movers to transport the tenant's belongings, and a secure warehouse (bodega) for storage. Without these resources present, the police may refuse to proceed.

⚠️ Legal Alert: When to Stop and Consult an Attorney Immediately

• Any attempt at self-eviction: Changing the locks, shutting off utilities (servicios básicos), or physically intimidating the tenant is illegal in Ecuador. This can expose you to criminal charges (delito de coacción) and a civil lawsuit from the tenant, which will completely derail your legitimate eviction case.
• The tenant abandons the property but leaves belongings: You cannot simply dispose of their possessions. Your lawyer must request a specific court order to enter the property, inventory the belongings (inventario de bienes mostrencos), and have them placed in judicial custody.
• The lease is verbal (contrato verbal): While verbal leases are recognized, proving their terms is extremely difficult. An eviction is possible but far more complex and requires immediate expert legal guidance to build a case.
• The tenant files a counterclaim: If the tenant responds to your lawsuit with their own claims (e.g., illegal rent increase, uninhabitable conditions), the case becomes significantly more complex.

Conclusion

Navigating the eviction process in Ecuador demands precision, patience, and strict adherence to the Ley de Inquilinato and COGEP. While the system is designed to be methodical, its formalities are its strength, ensuring a fair and legal resolution. By understanding these specific steps, leveraging key tools like the requerimiento notarial, and securing the services of a knowledgeable Ecuadorian lawyer, you can protect your property rights effectively and compliantly.

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Ready to Secure Your Property Rights?

Dealing with tenant issues is stressful, but you don't have to navigate Ecuador's legal system alone. As an Ecuadorian lawyer and legal consultant based in Cuenca, I specialize in helping property owners understand and assert their rights under Ecuadorian law.

Schedule a consultation today to discuss your specific situation and explore your legal options.