Tenant and Landlord Rights in Antigua Guatemala

Renting in Antigua Guatemala runs on a written lease, a deposit of roughly one month’s rent, and one firm rule: neither side can be forced out or priced out in the middle of a contract. Guatemala has no rent control, so almost everything is decided by what landlord and tenant agree. The catch is that the agreement must still respect the Civil Code, and actions like changing the locks or withholding rent without notice are illegal no matter what the contract says.

This guide explains how leases, deposits, repairs, rent increases, notice, and eviction work in Antigua, for renters and for owners who rent out property.

What law governs rentals in Antigua Guatemala?

Residential and commercial leases fall under the Guatemalan Civil Code (Decreto Ley 106), which sets the ground rules for rental agreements nationwide. Antigua has no separate tenant ordinance, and Guatemala has no rent control or cap on what a landlord may charge. That cuts both ways: an owner can ask what the market will pay, and a tenant can negotiate freely, but once both sides sign, the agreed terms hold.

A short, vague lease is the single most common source of disputes between expat tenants and local owners.

Do you need a written lease in Guatemala?

A verbal lease is legally valid, but for anything longer than a few weeks a written contract is essential. It gives both sides proof of the terms, which matters if a disagreement ever reaches a court. A solid lease in Antigua should spell out:

• Monthly rent, currency (quetzales or US dollars), and payment date
• Lease term, start and end dates, and how renewal works
• Security deposit amount and the exact conditions for refund
• Who pays utilities, water, internet, and any gardener, pool service, or guard
• Whether pets, subletting, or short-term guests are allowed
• The notice period required from either side to end the lease
• An inventory (acta) of furniture and its condition, if the home is furnished

Sign two originals and keep one. If the property is furnished, photograph every room on move-in day and attach the images to the inventory. That step prevents most deposit disputes.

How much is a security deposit, and is it refundable?

The standard deposit in Antigua is one month’s rent, and furnished homes sometimes ask for one month plus the last month. Guatemala sets no fixed legal cap, so the amount stays negotiable.

The deposit is normally refundable at the end of the lease, minus documented damage beyond normal wear and any unpaid rent or utilities. The contract should state when the deposit is returned, ideally within 15 to 30 days of move-out, and whether interest applies. A vague refund clause is the most common reason deposits sit in limbo.

Can a landlord raise the rent during a lease?

Not unilaterally. During a fixed-term lease the rent is locked at the agreed amount. A landlord cannot raise it mid-contract unless the contract contains a specific escalation clause and a notice period.

When a lease renews, the rent can be renegotiated. Owners typically announce an increase 30 to 60 days before the renewal date so the tenant can plan. For month-to-month arrangements, the rent can change with reasonable written notice, so put that notice period in the contract.

Who pays for repairs and maintenance?

The Civil Code separates necessary repairs, which keep the property usable, from small local upkeep. Antigua leases usually divide them like this.

| Item | Usually the landlord | Usually the tenant | | Roof, structure, wiring, plumbing | Yes | No | | Water pump, tank, and pressure system | Yes | No | | Major appliances supplied with the home | Yes | No | | Light bulbs, faucet washers, minor clogs | No | Yes | | Garden and pool upkeep unless stated | No | Yes | | Repainting between tenants | Yes | No | | Pest control | By agreement | By agreement |

If a repair is urgent and the owner is unreachable, some contracts let the tenant arrange it and deduct the cost from rent, but only if the lease says so.

How do notice and ending a lease work?

A fixed-term lease ends on its stated date. If the tenant stays past the end without a new agreement, it can convert to a month-to-month tenancy, which either side can end with notice.

The notice period is set by the contract, and 30 days is the common standard in Antigua. Give notice in writing, keep a copy, and confirm the move-out date, the utility readings, and the deposit return in the same message. Ending a lease early usually means forfeiting part of the deposit unless the contract allows an exception.

How does eviction (desalojo) work in Guatemala?

This is the part that surprises foreigners most: a landlord cannot simply change the locks, remove belongings, or cut utilities to push a tenant out. Those actions are illegal. An owner who wants a tenant gone must go through the courts in a process called a juicio de desalojo, and only a judge can order the removal.

The process generally requires a written lease or clear proof of tenancy, a formal demand, and a court ruling. It takes months, and the tenant has the right to respond. A tenant who is being pressured outside the courts should not leave under intimidation. That is the moment to take the lease to a local attorney.

Tax and registration duties for landlords

Owning and renting out property in Guatemala carries tax duties. Rental income is subject to income tax, commercial leases carry IVA at 12%, and every owner owes the annual IUSI property tax whether the home is rented or not. A lease can also be registered, which makes it enforceable against third parties, useful if the property is sold during the tenancy.

A foreign owner can receive rent in dollars, but should talk to a Guatemalan accountant about withholding, invoicing, and the IVA threshold. Getting this right early avoids surprises at sale.

What renters should watch for in the informal market

Much of Antigua’s rental stock is marketed through WhatsApp groups, Facebook Marketplace, and word of mouth, and some of it is informal. Three habits protect renters: never pay a deposit without a signed lease and a receipt, always confirm that the person signing is the owner or an authorized agent, and record meter readings with photos on move-in day.

When to bring in a lawyer or a local agent

Landlord and tenant disputes in Guatemala are best prevented at signing. A local attorney can review a lease for a fee that is small next to the cost of a fight, and a trusted agent can confirm ownership and standard terms before money changes hands.

If you are relocating and want to rent first, or you own a property in Antigua and are thinking about renting it out, talk to our team. We manage rentals for owners here and help incoming tenants find long-term homes with clean paperwork from day one.