According to Real Estate Perú’s statistics, approximately 30% of households in Lima are rented. However, in 2022, Lima had a 25% default rate in rental payments. In light of this situation, it is important for property owners to know what actions they can take to recover possession of their property.
One option is to resort to eviction, which is a legal process that can be initiated by the property owner, the landlord, the manager, or anyone entitled to the restitution of the property. This process is directed against those who possess the property without a justifying title, such as someone who maintains possession after the lease agreement has expired. Currently, there are alternative mechanisms to judicial eviction, such as notarial “express” eviction, which is faster but has a higher cost.
Another legal action is reclamation, which can be initiated by the owner of a property who does not exercise possession of it and is directed towards the current possessor of the property. This action avoids time and money losses since many times claims for possession restitution are dismissed due to lack of adequate relation between what is requested and the reality of the facts.
In the case that someone has been wrongfully deprived of a property and seeks to recover possession, there is the action of recapture. This judicial action can be initiated by the dispossessed possessor of the property, regardless of whether they are the legitimate owner or not. The process must be initiated within one year after the dispossession has occurred.
In conclusion, property owners in Lima have legal options to recover possession of their properties, such as eviction, reclamation, and recapture. These actions can be initiated according to each particular case, and it is important to be familiar with the corresponding laws and processes.
Sources:
– Real Estate Perú