Why Some Tenants Won’t Leave Even After They’ve Been Evicted

Evictions are never pleasant for either party. But while many tenants vacate willingly after receiving a legal eviction notice, there are always a few who simply refuse to leave—even after a legal eviction has been finalized. Understanding why certain tenants overstay their welcome can help landlords, property managers, and legal professionals better prepare for these difficult situations.

Why Do Some Tenants Refuse to Leave After Eviction?

When an eviction is legally ordered, tenants are required to vacate the property. However, some dig in their heels and stay put until they are physically removed. These types of tenants often display predictable behaviors and characteristics, including:

Common Behaviors:

• Ignoring notices and legal documents as if they don’t exist.

• Making constant excuses about why they need "just a little more time."

• Blaming the landlord or external factors for their situation.

• Obstructing access to the property by changing locks, blocking entrances, or becoming confrontational.

• Attempting last-minute negotiations despite the eviction order already being finalized.

Likely Personality Types:

Erroneous tenants who refuse to leave often share traits such as:

• Entitlement – They believe they have a right to stay, regardless of the law.

• Victim mentality – They see themselves as being unfairly treated and refuse to accept accountability.

• Avoidant – Rather than facing their financial responsibilities or making alternative plans, they delay and deny the reality of eviction.

• Manipulative – Using guilt, emotional pleas, or false promises to stall enforcement.

Why Won’t They Just Leave?

For these tenants, refusal to vacate is rarely about simple oversight. The underlying reasons often include:

• Financial hardship – They have nowhere else to go and no funds to relocate.

• Hope for a loophole – They believe some legal technicality will allow them to stay.

• Revenge – They want to inconvenience or punish the landlord.

• Denial – They refuse to accept that the situation is final and keep waiting for a “miracle” solution.

What Happens in Costa Rica After Eviction is Formalized?

Evictions in Costa Rica are a legal process governed by the Ley General de Arrendamientos Urbanos y Suburbanos (General Law of Urban and Suburban Leases). After a landlord obtains a formal eviction order through the courts, the tenant is given a specific deadline to vacate, typically communicated by a court official.

Once this period expires:

• A judicial officer (also known as a notificador judicial) schedules a physical removal.

• Law enforcement may be present to ensure peace and security.

• If the tenant still refuses to leave, the officer has the legal right to forcibly remove the tenant and their belongings from the property.

• The landlord is then legally permitted to change locks and secure the premises.

It’s important to note that, in Costa Rica, tenants may still try to delay the process through appeals, but once the eviction order is final, no further legal actions can halt the physical removal. The process is strictly enforced to ensure that property owners regain control of their assets.

Tenant Protections in Costa Rica

Like in other countries, tenants have rights and are protected in Costa Rica. Tenant rights are primarily governed by the General Law of Urban and Suburban Leases (Ley General de Arrendamientos Urbanos y Suburbanos), which outlines the responsibilities and protections for both landlords and tenants. There are some interesting challenges to note regarding the unique protections afforded to tenants.

1/ Protection for low-income housing. If your property value is under $100,000, it is considered by law to be low-income housing. There are greater safeguards to protect tenants in a property designated as low-income housing. During an eviction, the courts require an appraisal of your property from the municipality registrar to determine its designation and what set of lease laws apply.

2/ Protection for seniors. Cuidadano de Oro “Golden Citizen” is a program that provides free or supported service, front-of-the-line service, and discounted, and expedited service in government institutions to the elderly registered in this program. All seniors, including non-Costa Ricans who have lived in Costa Rica for 3 years can be eligible for this program. As long as their residency is in good standing, expats are eligible.

3/Tenants have a right to a 3-year lease minimum under the General Law of Urban and Suburban Leases. If a landlord wishes to terminate the lease they must give at least 3 months notice prior to the end of the lease or the lease automatically renews. This is important to note that if the lease you are drawing up is shorter term, your property must be registered with the ICT (tourism board) as a holiday rental. As well, the lease must state that it is a holiday rental.

These details are important to note before you agree to a lease with a potential tenant. You need to know if your property or the tenant fall under any special protections by the courts. As well, you need to cover your bases when determining the type of lease that you draw up, particularly if it is a short term lease, have a lawyer look over the agreement and make sure your property is designated for tourism. This will offer you greater protection if you find yourself in the unfortunate position to evict a tenant. If you property is not designated for tourism, then you are subject to the General Law of Urban and Suburban Leases (Ley General de Arrendamientos Urbanos y Suburbanos).

How to protect your property

If you have a piece of land or vacant property in Costa Rica you will need to protect it from squatters and fraud. Vacant and empty land or homes present an easy opportunity for thieves and white-collar criminals. When buying, selling, and maintaining your property you must do your diligence to protect your investment.

You can do this by not leaving it unattended and having regular groundskeeping and cleaning. Make sure you have a fence and proper clear signage so that there is no dispute on the land. Always have an alarm system on your house and have it serviced regularly. You may want to have a backup generator for frequent power outages or “blackouts”.

When renting your home:

1. Prepare a lease using a lawyer and make sure it is iron clad, there are system abusers everywhere, so do your diligence

2. Be aware of the landlord-tenant laws in Costa Rica-know your rights and responsibilities

3. Do a thorough inventory and inspection before and after renting.

4. Do a background check on potential renters. Hire a PI or run their ID in the system, trust us, it may save you a headache in the future.

Protecting your home from fraud:

1. You can take a Property Alert service, where they will monitor your property title and alert you if anything has changed in your title given by the National Register. Do your own due diligence on this because the registry takes no responsibility.

2. Check the title of your property online once a month. It takes only a few minutes.

3. Register a Cédula Hipotecaria on your property. This is much like a mortgage you own, to protect the property from being sold or mortgaged by anyone else. Ask your attorney about the Cédula Hipotecaria. If you don’t have an attorney, check the list of legal counsel we recommend.

Rent Scams

You manage to buy your dream house in Costa Rica and you hope to spend your winters or retirement there or perhaps you want to move the whole family down. You are not alone! Costa Rica draws dreamers, surfers, celebrities, and retirees alike to its equatorial beauty. Known for its green living, longevity, permanent sunshine, and pura vida (pure life). There are over 140,000 expats living in a country with a population of 5.1 million people. That’s almost 3% of the country comprising mostly people from the USA, Canada, and Europe seeking the sun and laid-back lifestyle of Costa Rica. There are 3 million visitors each year and so many of those that visit get the bug and start to dream of moving to Costa Rica one day.

Not only does Costa Rica attract dreamers, artists, body worshippers, nature lovers, surfers, and thrill seekers, it also attracts schemers, cons, and escape artists. Not to be harsh, but a good friend told me years ago when I first moved to Costa Rica, “Don’t Google the gringos!”. At the time it seemed like a funny aside or maybe a bit of xenophobia or resentment of the gringo invasion. Fair enough I thought. But time has proven it was more of a proverb to live by than a quippy comment. Do not Google the gringos because 5 out of 10 times you will find that your new neighbor has a past they are trying to forget.

Places like Costa Rica are dreamy and otherworldly and hold the promise of reinvention or escape. Most of us are wanderers, seekers, and explorers at the very least or we wouldn’t find ourselves far from home learning a new language and navigating torrential tropical downpours and outrageously potholed moonlike roads with no guardrails. Even the beaches, the world’s finest in my humble opinion belie the power and dangers of the rip. Costa Rica draws seekers who shirk the status quo and you are guaranteed to meet some awesome like-minded people. That being said it is also a haven for crooks and cons due to the anonymity of easy LLC forming here, a complete lack of addresses, and lax laws. One can disappear here or use it as an opportunity to take advantage of a whole new pool of victims.

When deciding to rent to anyone, do your research. Get references, run their background online, use a PI service, or even check with your local bounty hunter to find out if your potential tenants are legit. Rent scams are rampant, particularly in Guanacaste province which attracts the most expats (illegal immigrants depending on your politics).

Here are a few examples of popular rent scams;

1/Pay first and last month’s rent, then don’t pay again knowing that it may take months or even a year to evict a tenant. This is exactly why the new monetario arrendamiento law was created and allows for expedited eviction for non-payment of rent.

2/Provide fake rent deposit receipts. If you are a foreign owner meaning you do not have your residency, then you cannot send or receive SINPE which is an electronic transfer using your cell phone. Only residents of Costa Rica have this banking privilege and it is the most common form of money transfer there. So a tenant may scam you by showing that a deposit was made knowing full well that you cannot receive the funds. Insist that tenants send you a copy of the bank transfer via email each month and that it is not verbal, via text, and that it is not SINPE.

3/There are shady lawyers who will accept payment to bog down the eviction process for clients to get “free” rent. This means that if your rent is $3000/month some shifty unethical lawyers will take 50% on the terms that they will bog down the courts with useless paperwork and defenses buying the tenant time to stay rent-free at your property. That being said, the tenant still has to pay the lawyer the 50% (1500/month in this case) to buy them time. Either way, it’s a bargain for the renter while you do not earn any income for your property.

4/ Exorbitant or fraudulent repair bills can act as a shield or be deducted from paying rent. One horror story I heard was a tenant who claimed the pool wasn’t working properly and offered to call a repair person for the landlord. This seemed like a proactive helpful thing to do. But then the tenant showed up with a pool repair invoice for $15,000, essentially saying they have a $15,000 rent credit. This landlord could not prove the receipt was a forgery and was stuck with these tenants living rent-free while they litigated. For your knowledge, all repairs need be approved by the landlord and no permission should be given to the tenant to undertake and invoice for any repairs to protect you from this scam. If repairs are needed you have 10 business days to attend to them except in the cases of natural disaster.

5/Tenants might accept or agree to a short-term lease such as a “green season” lease at a reduced rate and then claim that your short-term lease is invalid and they are entitled to stay for 3 years under Costa Rican law. Thus getting a real rent bargain and prohibiting you from using your property as you see fit.

My best advice is to definitely Google the gringos and if that doesn’t turn up anything, dig a bit deeper. Check with their references, and go to their former landlords or employers. This can be tricky because many potential renters you will encounter are retired, self-employed, or independently wealthy. But you have to do your research. If they are from the USA or Canada it can be easier to find out people’s info, but if they are from another non-English speaking country consider using a VPN or searching in other languages to optimize your search. It may seem like a hassle or a bit too nosey but it will save you a headache in the long run.