Protecting Your Property in Costa Rica: Understanding Abandonment, Usurpation, and Filing an Acta to Safeguard Your Rights
Owning property in Costa Rica can be rewarding, but landlords must remain proactive in protecting their assets, especially when properties are left vacant. One growing issue is the risk of usurpation, or illegal occupation, particularly after a tenant has vacated a property. Fortunately, Costa Rican law offers a critical tool called an acta — a formal notarized record that helps establish property status and ownership.
This post explores how to use an acta to prevent squatters from exploiting legal loopholes, and what landlords need to know if a tenant abandons the property after losing an eviction case.
🏚️ What is Property Abandonment and Usurpation in Costa Rica?
Property abandonment refers to a situation where a property appears to be left unattended or unused for a period of time. While Costa Rican law does not define abandonment explicitly, empty or unguarded homes can attract squatters or opportunistic individuals attempting to claim possession under usucapión (adverse possession laws).
Usurpation (usurpación) is the unauthorized occupation of a property. Under Article 259 of the Costa Rican Penal Code, this is a criminal offense, punishable by fines or imprisonment, depending on the nature of the occupation. However, the legal process to remove usurpers can be long and costly if preventative steps are not taken. This can happen when an errant tenant reoccupies the property after abandoning it, or they allow another person to move in, in the case of an illegal sublet.
📄 What is an Acta and How Does It Help?
An acta notarial is a sworn declaration issued by a Costa Rican notary public. It includes a detailed description of the property's current condition, its occupancy status, and sometimes photographic evidence.
Filing an acta serves several purposes:
Confirms the property is abandoned or not
Establishes that the rightful owner is actively overseeing the property
Becomes critical evidence in future civil or criminal proceedings
Can be used to prevent squatters from claiming ignorance of ownership
An acta can be particularly effective after a tenant moves out or is evicted.
⚖️ When a Tenant Loses an Eviction Lawsuit but Abandons the Property Before Enforcement
This is a common gray area many landlords face:
A tenant may lose an eviction case, but move out quietly before the eviction is enforced by police. While this might feel like a relief, it can pose serious risks if landlords fail to act quickly.
In the absence of an official police act verifying the tenant’s departure, third parties (or even the ex-tenant) may attempt to return and claim they never left, especially if the property remains unguarded. This delay can open the door to usurpation or fraudulent occupation.
🔒 What to Do:
Immediately inspect the property once you are aware the tenant has left.
Call a licensed notary to create and file an acta documenting:
The property is now empty.
Any remaining belongings or signs of unauthorized entry.
The exact date and condition upon inspection.
Change the locks and secure entry points as soon as legally permitted.
Notify the court or your attorney to confirm enforcement of the eviction is no longer required.
Taking these proactive steps ensures there is a legal record proving the tenant has voluntarily vacated, and discourages re-entry or false claims of possession.
🛠️ How to File an Acta in Costa Rica
Hire a Notary Public: Only a licensed Costa Rican notary can draft and file an acta.
Site Inspection: The notary visits the property, documents the state, and takes notes/photos if applicable.
Drafting the Acta: The notary writes a detailed record of the property's condition, who was present, and the occupancy status.
Filing: The acta is signed and entered into legal records — usually kept on file at the notary’s office or submitted to the court if part of a legal case.
🧾 Legal Backing and Recent Cases
Recent cases in Costa Rica have underscored how quick action and proper documentation make all the difference. In 2023, a homeowner in Guanacaste successfully defended against a usurpation claim after an ex-tenant attempted to return months later. The landlord had filed an acta just days after the tenant left and used it in court to prove there was no abandonment — preventing a long legal battle.
🧠 Tips for Landlords
🔍 Monitor your property regularly, especially after tenant disputes or evictions.
📝 Use an acta proactively, not just when problems arise.
🧑⚖️ Work with a lawyer or notary familiar with property law in your region.
🔐 Secure the property quickly after vacancies to avoid squatters.
📷 Photograph and document everything after a tenant departs.
Final Thoughts
In Costa Rica, failing to act after a tenant leaves can leave landlords open to major legal risks — including usurpation or fraudulent claims of occupancy. Filing an acta is one of the simplest, most effective ways to show you are actively managing your property and to protect your rights in court. When your errant tenants finally vacate your home whether it’s during the eviction process or once they have lost the case, you need to be mindful to follow all the legal steps to prevent any further issues.
If you're a landlord in Costa Rica, take time now to put a plan in place for handling abandonment — before someone else takes advantage of your absence.