Setting House Rules for Your Arequipa Rental: A Comprehensive Template for Landlords

As a licensed Peruvian real estate broker specializing in Arequipa, I cannot stress enough the critical importance of well-defined house rules for any rental property. For foreign investors and expats operating in Peru, particularly in a unique city like Arequipa, a robust set of house rules isn't just a suggestion; it's a cornerstone of property protection, tenant management, and legal clarity. The Peruvian legal system, while structured, can be intricate and time-consuming, making preventative measures paramount.

This guide provides a comprehensive template for setting house rules that are legally sound, culturally sensitive, and practically enforceable within the Arequipa context, drawing upon my experience in this vibrant market.

Why Comprehensive House Rules are Crucial in Arequipa

Protecting Your Investment: Your property in Arequipa, whether a historic sillar home in Yanahuara, a modern apartment in Cayma, or a commercial space in Miraflores, represents a significant investment. Clear rules mitigate common risks like property damage, unauthorized occupants, and misuse, preserving its value and appeal. This is especially true for properties built with our distinctive white volcanic sillar stone, which requires specific care.
Minimizing Disputes: Ambiguity breeds conflict. Well-articulated rules preempt misunderstandings regarding tenant responsibilities, maintenance, and community living, thereby reducing the likelihood of costly and stressful legal disputes. In Peru, the legal process can be protracted, making prevention the best strategy.
Ensuring Neighborhood Harmony: Arequipa's communities, from the bustling Centro Histórico to the quieter, family-oriented residential zones, value respect and good neighborly relations. House rules help ensure your tenants integrate positively, avoiding complaints that can escalate to municipal authorities or even community leaders (dirigentes vecinales).
Compliance with Local Regulations: Specific areas in Arequipa, especially the UNESCO World Heritage Centro Histórico, have strict municipal regulations regarding property use, modifications, and noise levels. Furthermore, many modern residential buildings have their own internal condominium bylaws (Reglamento Interno). Your house rules must align with these local ordinances and community agreements.
Strengthening Your Lease Agreement: House rules serve as an essential annex to your primary lease agreement (Contrato de Arrendamiento), providing detailed operational guidelines that complement the main legal document. They define the day-to-day conduct expected from your tenants, reinforcing the terms of their occupancy.

Key Components of Your Arequipa Rental House Rules Template

Your house rules should be drafted in clear, unambiguous language. While English for your reference is perfectly fine, the legally binding version presented to tenants in Peru should always be in Spanish. If you have international tenants, a bilingual document with the Spanish version designated as the primary reference in case of dispute is highly recommended.

I. General Provisions & Lease Agreement Integration

Binding Nature: Explicitly state that these house rules are an integral and inseparable part of the lease agreement signed by all tenants and are legally binding under Peruvian law.
Peruvian Law Reference: Mention that these rules are supplementary to the Peruvian Civil Code (specifically Articles 1666 onwards concerning lease agreements and 1729 for tenant responsibilities regarding proper use and care of the property) and other applicable local ordinances of the Municipality of Arequipa.
Acknowledgement: Require all adult tenants to sign and date a copy of the house rules, acknowledging receipt, understanding, and agreement to abide by them.

II. Occupancy & Guests

Authorized Occupants: Clearly list all individuals (with their DNI/Passport numbers, if available) authorized to reside permanently in the property. State that any change in permanent occupancy requires prior written consent from the landlord, and potentially an amendment to the lease.
Guest Policy: Define what constitutes a "guest" versus an "unauthorized occupant." Specify the maximum duration a guest can stay (e.g., 7-10 consecutive days within a month) without prior landlord notification and approval. State that all guests must adhere to the house rules.
Subletting Prohibition: Emphatically prohibit subletting (subarrendamiento) or assigning the lease to any third party without explicit written consent from the landlord. This is a crucial protection under Peruvian law, which generally requires landlord approval for such actions.

III. Rent, Utilities, & Payments

Rent Due Date & Method: Specify the exact due date for rent (e.g., the 1st of each month). Outline acceptable payment methods (e.g., direct bank transfer to a Peruvian account, mobile payment apps like Yape or Plin for convenience, or cash deposit at a specified bank).
Late Fees: Clearly state the penalty for late rent payments. Peruvian law allows for interés moratorio (moratory interest) on overdue payments. Specify a reasonable grace period (e.g., 3-5 calendar days) before late fees apply, and the exact percentage (e.g., 0.1% daily) or fixed amount charged per day/week for overdue rent.
Utility Responsibilities: Itemize all utilities (electricity via Seal, water/sewage via Sedapar, gas, internet, cable TV) and explicitly state which party is responsible for payment. If tenants pay, explain how readings are taken (for shared utilities) or how bills are transferred/forwarded. For bottled gas (balón de gas), clarify who is responsible for purchase and replacement.
Municipal Taxes (Arbitrios Municipales): In Arequipa, these taxes cover essential municipal services like trash collection, park maintenance, and street cleaning. While typically a landlord's responsibility, clarify in the lease whether the landlord or tenant is responsible for these payments, which are usually minor but mandatory and can vary by district.

IV. Property Maintenance & Condition

Tenant Responsibilities:
- Maintaining cleanliness and hygiene within the property and any private outdoor spaces (balconies, patios).
- Performing minor, day-to-day repairs (e.g., replacing light bulbs, unclogging drains due to misuse, fixing small leaks from their own appliances).
- Proper disposal of trash according to municipal schedules.
- Taking reasonable care of all appliances, fixtures, and furniture provided in the property.
Landlord Responsibilities:
- Addressing major structural repairs, plumbing issues (not caused by tenant misuse), electrical failures (not caused by tenant appliances), and significant wear and tear that falls outside normal use.
- Ensuring the property provides a safe and habitable living environment.
Reporting Damages: Require tenants to immediately report any significant damage, defect, or need for major repair to the landlord in writing (email or a verifiable WhatsApp message is generally accepted). Prompt reporting helps prevent minor issues from becoming major problems.
Move-in/Move-out Inspection: Emphasize the importance of a detailed inventario (inventory list) of all furnishings and fixtures, accompanied by photographic and/or video documentation of the property's condition at both move-in and move-out. This documentation is crucial for assessing potential security deposit deductions.

V. Noise & Community Etiquette

Quiet Hours: Establish specific quiet hours (e.g., 10 PM to 8 AM on weekdays, 11 PM to 9 AM on weekends), particularly important in residential areas like Yanahuara, Cayma, or Selva Alegre. Arequipeños appreciate tranquility in their homes.
Respect for Neighbors: Instruct tenants to be respectful of neighbors' peace and privacy. This includes managing noise levels from music, conversations, pets, and domestic activities. Loud noise that disturbs neighbors can lead to complaints with local authorities.
Parties/Gatherings: If parties or gatherings are allowed, specify limits on frequency, number of guests, and noise levels. Some landlords may prohibit large gatherings entirely, especially in multi-unit buildings.
Condominium Rules: If the property is part of a condominium building or a gated community, explicitly state that tenants must adhere to all condominium bylaws (Reglamento Interno) and communal rules. Provide them with a copy of these rules.

VI. Pets Policy

Strictly Prohibited/Allowed with Conditions: State unequivocally if pets are not allowed on the property. If pets are permitted, specify:
- Type, breed, and size restrictions (e.g., no aggressive breeds, dogs under 15 kg).
- Maximum number of pets permitted.
- Requirement for an additional pet deposit (garantía por mascotas) to cover potential damages.
- Tenant's responsibility for cleaning up pet waste immediately, both indoors and outdoors.
- Tenant's liability for any damage, noise, or disturbance caused by pets.

VII. Smoking Policy

Non-Smoking Property: Declare the property a non-smoking environment, including all indoor areas and potentially private outdoor spaces like balconies or patios. Specify if smoking is only allowed in designated areas, if any.
Penalties: Outline fines or cleaning charges (e.g., for smoke remediation) for violating the smoking policy.

VIII. Security & Access

Lock Changes: Prohibit tenants from changing existing locks or adding new security devices (e.g., additional deadbolts, grilles) without the landlord's prior written consent. If consent is given, a copy of any new keys must be provided to the landlord immediately.
Landlord Access: Specify the landlord's right to access the property for inspections, necessary repairs, or showing it to prospective tenants (with reasonable advance notice, typically 24-48 hours, except in emergencies such as a water leak or fire, where immediate access is permitted).
Key Return: Mandate the return of all original keys, copies, and access cards upon lease termination. Charges for unreturned keys should be specified.

IX. Waste Management

Trash Disposal: Provide clear instructions on where and when to dispose of household trash, aligning with municipal collection schedules in Arequipa. Explain any local recycling programs (reciclaje) if applicable and provide guidance on separating waste.
Prohibited Items: List any items that should not be disposed of via drains (e.g., cooking grease, sanitary products) or in regular trash (e.g., hazardous materials, large furniture, construction debris).

X. Modifications & Decorations

Structural Changes: Strictly prohibit any structural changes, major drilling into walls (beyond hanging small pictures with appropriate anchors), painting of walls a different color, or permanent installations without explicit written landlord consent. For properties in the Centro Histórico, even minor external modifications are heavily restricted.
Minor Decorations: Allow for minor, easily reversible decorations (e.g., temporary wall art, command strips).
Restoration: Require tenants to restore the property to its original condition (minus normal wear and tear) upon move-out. Any unauthorized modifications must be removed, and the property restored at the tenant's expense.

XI. Emergency Procedures

Emergency Contacts: Provide emergency contact information for the landlord, local police (Policía Nacional del Perú - dial 105), fire department (Bomberos Voluntarios del Perú - dial 116), and medical services (e.g., calling 106 for SAMU, or nearest clinic/hospital).
Fire Safety: Instructions on the location and proper use of fire extinguishers (if provided) and basic evacuation procedures.
Earthquake Preparedness: Arequipa is located in a seismically active zone. Include general guidance on earthquake safety: "Drop, Cover, and Hold On," identifying safe zones within the property (zonas seguras or triangular spaces next to solid structures), and checking for structural damage after an event. Recommend having an emergency kit (mochila de emergencia).

XII. Penalties for Violations

Consequences: Clearly state the consequences of violating house rules, which can range from written warnings (notificación de incumplimiento) and fines (if explicitly stipulated and agreed upon) to, in severe or repeated cases, lease termination and initiation of eviction proceedings (desalojo) in accordance with Peruvian law.

Specific Local Context/Warnings for Arequipa

Historic Properties in the Centro Histórico: If your property is within the UNESCO World Heritage zone, be acutely aware that strict municipal regulations apply. Tenants must be made aware that any modifications to the façade, external structures, or even certain internal elements that affect the historic character of the sillar property are heavily restricted and require special permits from the Dirección Desconcentrada de Cultura de Arequipa (formerly INC) and the Municipality. Violations can lead to significant fines for the property owner.
Electrical Surges: While modern constructions typically have stable electrical systems, older areas of Arequipa can occasionally experience power fluctuations or surges, especially during heavy rains or peak demand. Recommend tenants use surge protectors (supresores de pico) for sensitive electronics. Ensure your property's electrical system is up to current Peruvian technical standards.
Water Supply Reliability: Some peripheral areas, or even central zones during specific SEDAPAR maintenance periods, can experience intermittent water cuts. If your property has a tanque elevado (rooftop water tank) or a cisterna (underground water storage) with a pump, explain its function and capacity. If not, advise tenants on water conservation practices.
Gas Cylinders (Balones de Gas): Most homes in Arequipa use portable propane gas cylinders for cooking and water heating, rather than piped natural gas. Provide clear instructions on safe handling, storage (in a well-ventilated area, often outdoors or on a patio), and replacement procedures for balones de gas. Emphasize ventilation and immediate reporting of any suspected gas leaks.
Neighborhood Nuances:
- Yanahuara/Cayma: Generally quieter, more residential, and family-oriented districts. Rules should emphasize respectful living and noise control.
- Centro Histórico: Can be vibrant, noisy, and bustling, especially near plazas and commercial areas. Rules might need to balance local energy with tenant comfort expectations, particularly regarding noise at night from street vendors or events.
Notarization and SUNARP: While a private lease agreement is legally valid, having it legalizado (notarized) by a Peruvian Notary Public significantly strengthens its legal standing for enforcement. Notarization confirms the identities of the signatories and the date of the agreement, providing greater certainty. For foreign investors, while property ownership is registered with SUNARP (Superintendencia Nacional de los Registros Públicos), lease agreements themselves are not typically registered there unless they involve specific long-term arrangements (e.g., over 10 years) or specific legal requirements for a derecho de superficie. However, always ensure your property's title is clean and registered at SUNARP.
Eviction Process (Desalojo): Be aware that evicting a tenant in Peru, even for clear violations or non-payment, can be a lengthy and often bureaucratic judicial process, sometimes taking many months or even years. This underscores why having comprehensive, clearly acknowledged house rules and a strong, notarized lease from the outset is your best defense and a crucial preventative measure.

Step-by-Step Implementation

Draft Your House Rules: Utilize this template as a starting point. Tailor it specifically to your property's features, location, and your preferences as a landlord.
Review with a Local Peruvian Lawyer: This is non-negotiable. A qualified Peruvian lawyer specializing in real estate (abogado inmobiliario) will ensure your rules comply with current Peruvian law and local Arequipa ordinances, and are legally enforceable. They can also ensure the Spanish translation is precise and legally sound.
Integrate into Lease Agreement: Reference the house rules explicitly within your main lease agreement (Contrato de Arrendamiento) as an attached and integral addendum.
Tenant Walkthrough and Signing: When onboarding new tenants, review the house rules verbally, answering any questions they may have. Have all adult tenants sign and date a copy of the rules, confirming their understanding and agreement. Provide them with their own signed copy.
Regular Communication: Maintain open lines of communication with your tenants. Address minor rule infractions promptly and politely before they escalate into larger issues.

Safety Checks & Due Diligence

Legal Compliance: Ensure every rule aligns with the Peruvian Civil Code, local municipal ordinances in Arequipa, and any applicable condominium regulations.
Clarity and Enforceability: Rules must be clear, specific, and practical to enforce. Avoid vague or ambiguous language.
Cultural Sensitivity: While maintaining your property's integrity, be mindful of local customs, typical living standards, and social norms in Arequipa.
Consistency: Apply rules consistently and fairly to all tenants to avoid accusations of discrimination.

A robust set of house rules, meticulously crafted and legally reviewed, is an indispensable tool for any landlord in Arequipa. It protects your investment, fosters a harmonious living environment, and provides a clear framework for managing your rental property effectively and confidently in the Peruvian context.