What to Expect When Filing an Eviction in Costa Rica

Finding a qualified eviction lawyer in Costa Rica is essential to navigate the country's specific tenancy laws and ensure a smooth legal process. The Costa Rican Bar Association just implemented in 2015 an admission test.  Before this there was no Bar Exam in Costa Rica.  However with more than 25,000 Attorneys in Costa Rica it is one of the countries in Latin America with the highest number of lawyers per capita. There are currently around 9,000 licensed Notaries in Costa Rica who act as agents of the government recording system. Here are some steps to help you find the right legal representation.:

Research Specialized Law Firms: Look for law firms that specialize in landlord-tenant disputes and have experience with eviction cases.

Consult Legal Directories: Online legal directories list lawyers and law firms by specialty and location. For instance, HG.org provides a list of landlord and tenant lawyers in Costa Rica, which can be a valuable resource.  The credentials and good standing of a practicing Lawyer or Notary, as to areas of practice, and as to any suspensions from practice, which may have resulted from disciplinary proceedings, may be investigated online at the Colegio de Abogados de Costa Rica.

HG.org

Seek Recommendations: If you know individuals or businesses in Costa Rica, ask for referrals to reputable eviction lawyers they have worked with. Personal recommendations can provide insights into a lawyer's effectiveness and reliability. Find a lawyer that has experience or lives close to the regional court you will be using for your legal process.

Verify Credentials and Experience: Ensure that the lawyer is licensed to practice in Costa Rica and has substantial experience in eviction proceedings. Review their track record with similar cases to assess their competence.

Schedule Consultations: Meet with potential lawyers to discuss your case. This will help you gauge their understanding of eviction laws, their approach to handling cases, and their communication style. Your first quick consultation should be free. If they ask for money up front, walk away.

Discuss Fees and Costs: Be clear about the lawyer's fee structure and any additional costs associated with the eviction process. Understanding the financial aspect upfront can prevent misunderstandings later. Eviction can cost $3,500 to $20, 000 depending on how complicated it ends up beings.

Get all of your documents in order before you meet the lawyer so that you to expediate the process. Each document you present will need to be translated professionally by the legal team to meet Costa Rican court standards. Gather all evidence-lease agreements, amendments, notices, photos of your property, photos of damages, text conversations, emails, witness statements, bank statements, videos, and any other evidence that might be useful to your case. It is helpful if you have witness statements from neighbors, staff, service providers or any other witness to the issue with your renters. Make sure you provide the full name and ID of each witness. When you meet with your lawyer to begin the eviction process it must be in person. So if you are not in the country at that time you will need to return. The courts will not accept a digital signature or facsimile. As well, you will need to sign a special power of attorney for the legal team to represent you. From that point forward you are advised not to consult with other legal representation.

You will need to provide a statement from the National Registry to prove the worth of your property. Properties over $100, 000 in value are considered luxury and are subject to different laws than accommodations designed for low income families. Understandably low income families and senior citizens are afforded special protections under the law of Costa Rica.

Costa Rica offers a program called Cuidadano de Oro which offers special protections for people over 65 who have lived in Costa Rica for at least 3 years. Additionally, Costa Rica has demonstrated a commitment to protecting the elderly through legislative reforms. For instance, Law 10455 enhances legal protections for older adults against various forms of abuse, including physical, psychological, and financial exploitation.

If your property is valued at under $100, 000 you may be subject to different laws that prioritize vulnerable people, poor people, and seniors. Costa Rica regulates all matters related to tenancy in a particular law, which has the name of “Ley General de Arrendamientos Urbanos y Suburbanos“, meaning: “General Law for Urban and Suburban Tenancy”.

Evicting tenants in Costa Rica can be challenging, but understanding the process makes it easier. This guide explains the laws, necessary documents, timelines, and eviction steps.

-You will have to pay a retainer fee, you may get sticker shock. If you are sending an international transfer be mindful that your country may have restrictions on transfer limits and your transfer may take up to 10 days. Which can slow the legal process.

-Your lawyer will translate and prepare all documents for court filings. During this period they may ask you for more evidence or clarification. Keep everything together in an easy to access file.

-The eviction papers will be filed in the municipal court nearest your property. Again choosing a lawyer who is close by and reputable is best. Do not price shop, you want the best person for the job and you want your home restored to you.

-Initially after filing the judge will review your case and decide if there is merit for eviction. Typically this is quick within days of presenting the information, however depending on how backlogged they are it may take longer. If the eviction filing is a monitorio arrendamiento for non-payment you can expect a faster turn around.

-Once the eviction has been approved then the judge will issue their order. This is the initial process.

-After that the judge will sign off on an eviction notice which must be served to the tenant in person in a timely manner. This will be undertaken by a process server, legal representative of your legal team. The eviction document must be received and signed for by the defendant or it is not considered a valid receipt.

-There are many obstacles to serving a tenant with papers. They may be aggressive and refuse to answer the door. They may be monitoring with security cameras and refuse to come to the door. Remember there are no street addresses in Costa Rica, so you must make sure that the process server has exact details of where your home is. Otherwise the documents may end up going to the wrong house or person which will void the process and you start over. The person receiving the eviction must be the tenant and over the age of 18. It cannot be a staff member or child living at the residence. Remember the tenant has every reason to pretend they were not served. So make sure you get a signature and ID confirmation.

-The document will give the tenant typically between 5 and 15 days to vacate the property. Within that time they may mount a defense. Keep in mind it costs the tenant money to mount a defense. In the case of a monitorio arrendamiento the only acceptable defense is proof that the tenant did pay their rent on time, therefore proving that the landlord is lying. No other defense is acceptable.

-In the eviction notice it will state that the tenant must pay the court’s bank account the upcoming month’s rent or it will be an immediate eviction, voiding all other due process. As well, it will outline the retention of goods that the court will seize to settle payment.

-Retention of goods is the way the court ensures payment. The court has their own fees that the renter is liable for. It would be advantageous if you have knowledge of their personal goods of value in the possession of the tenant such as cars, electronics, jewelry or other goods. The court sends a representative to the property usually police escorted to take an evaluation of goods for retention. As you can imagine, most renters will not willingly let their belonging be taken and often will vacate the property at this point. If they do not, this can be a contentious time and police will need to be involved.

-The court usually gives 3 further days after the period of defense to have the court assess the property.

-Then it becomes a bit complicated. It may be another 15 days for the final eviction order or longer depending

-Eventually a final order of eviction is signed if the judge is satisfied. From this point the court will arrange for the fuerza publica-police to go to the property and remove the tenants. This is considered returning the stolen property to the owner. If the tenants have not vacated at this time willingly, the police will remove them and put their belongings into storage at the renters expense.

-Typically renters will leave prior to this stage happening because they risk their personal property being retained and sold to pay court expenses. As well, most renter want to avoid having their belongings put into storage. However, you never know what someone’s state of mind is or you likely wouldn’t be in an eviction lawsuit with them in the first place.

-At this time, the locks should be changed and a thorough inspection should take place. Photos and evidence of damage or misuse should be taken at this time.

-Now you can consult with your lawyer about pursuing a lawsuit for damages, unpaid rent, and any other expenses incurred. You may even be able to sue for your legal fees.

-To note, some scammy tenants will attempt to hide their assets in other people’s names, or in corporate entities. Make sure you have all of their ID document number-residence cedula or others. As well, if you have their bank account number from any bank transactions, and any corporate entity numbers connected to them. This will help when pursuing financial recourse.