Law Of Tenancy. - Law Of 11 December 1959 - Enacted In Chapters Vi, 30 Articles And An Article Transitional


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LAW of 11 December 1959 HERNAN SILES ZUAZO President constitutional DE LA Repašblica as: the National Congress has sanctioned the following law: the National Congress, DECREES: chapter I.a€ "General 1a ° â € Arta-culo" the right to housing is of order Pa ° public and the rules governing it are subject to an Ra legal regime special.
Arta-culo 2a ° â €"is will be for housing, for the purposes of this law, the House, apartment, room or room used as dwelling place."
Arta-culo 3a ° â €"stores, shops, Pulpera-as, deposits, professional offices, hotels and other business premises or industrial will be subject to © Ra n moan of free hiring." Tents occupied by small artisans, who have in addition s in it its Purple, are included within the Ra regime envisaged in the 2a ° Arta-culo.!
Arta-culo 4Â ° â €"the tenancy or Locacia³n is a special contract whereby a landlord give a person, natural or Jura - dica, the possession and the use of a house or part of it, for certain Ca non and indefinite.!!"
Arta-culo 5a ° à €"this contract may celebrate is by written or verbally, serving of test in this to ° last case the receipt of the payment of rentals.!"
6a ° â € Arta-culo "Locacia³n ° contract only fenece: voluntary surrender of the property, and for any of the grounds for eviction laid down in this law."
Arta-culo 7a ° â €"all House of income must meet conditions Ehigia © technical techniques that establish Ordinances and municipal regulations, where it had established appropriate services."
Arta-culo 8a ° â €"the rights and obligations established by this Act are inalienable and stipulations to the contrary are null and void."
Chapter Ii.a€ "the landlord Arta-culo 9Â ° â €" the landlord is obliged: deliver and maintain the property rented in conditions of habitability and equipped with all the essential services, in accordance with the Arta-culo 7a °;!

Give monthly rental receipts;

Report to the Commissioner of housing, where vacate the property or part of ã © l, in the third day-a Arta-culo 10a ° â €"is forbidden to the landlord: deprive, reduce or limit to the A-nquilinos, drinking water, light electric conduction and Hygieia © nicos services;" the use of patios, free transit and all that that is referred to uses common;

Denying the Locacia³n of houses, apartments or apartments to people with family or couples with children;

Make rental agreements through brokers, who benefit from differences that obtain in the non AC car;

Fix Ca odd of rent in currency foreign;! and demand and perceived developed rentals.
Arta-culo 11a ° â €"any owner will leave from renting its rooms and vacant apartments."
Arta-culo 12a ° â €"when landlord evades or refuses to receive the amount of rent, the tenant of the Depositara to the order of one in the Central Bank of Bolivia or Municipal Treasury where there is no agency of the indicated institution." The Comisara-to of housing awarded receipt of rents, notifying to the owner.!
Arta-culo 13a ° â €"the owners who refuse to rent their properties to national tenants or marriages with children will be n sanctioned with a fine of one hundred to five hundred thousand BOLIVIANS."
Chapter III-of the home Arta-culo 14a ° â €"the landlord is obliged: pay promptly the non AC car;"

Keep the property in good condition;

Notify the Commissioner of housing when you vacate the property or birth of the;

Reporting violations of this law; and deliver the property directly to the landlord or his representative.
Arta-culo 15a ° â €"this forbidden the tenant: sub-let the property or part of ã © l third party subrogation the otherwise;!"

Perceive right key and commissions;

Make improvements and other work without consent of the landlord, except in cases of urgent need qualified by the municipality. The invested cost will be reimbursed by the owner;

Pay rent in foreign currency;

Pay Ca odd developed; and give the property a use contrary to that for which it is rented.
Arta-culo 16a ° â €"the contract of tenancy will continue in effect for the benefit of ascendants and descendants of the tenant, in event of your death or final transfer to another location."
Arta-culo 17a ° â €"the sale or other cause that limit or modify the right of ownership of the leased property, does not extinguish the contract of Locacia³n but when certifying any reason for eviction."
Chapter Iv.a€ "of the causes of EVICTION Arta-culo 18a ° â €" are grounds for eviction.

Failure to pay three months of overdue rentals;

When the owner needed the property to live and settle in ã © l, provided that it does not possess other, find staying as a tenant. The choice of the property, rooms or departments whose eviction is sought, is attributed to the landlord, when the owner need to rebuild the property and provided that it is not mere parts; this end is candidates with contract work and the plans approved by the respective departmental capitals in municipal authorities and the experts appointed by the Mayor in the provinces. To this end it means reconstruction, provisions for the Arta-culo 344 of the Civil Code, the tenant sub-alquile l the property or part of it, or having home ownership, when he subrogates Locacia³n contract, and must follow the action in this case, both against the tenant and the subrogatorio;

When given the building a use other than for which it was rented;

When the property has been acquired or expropriated because of need and usefulness public and for the benefit of institutions of social order, when the owner have field need to carry out one major reconstruction. In this case will be required the presentation of the corresponding municipal authorization, Dante, as well as s, commencing within término of 8 days-as of Desocupacia³n.!!
Arta-culo 19a ° â €"(the action of eviction by the causal to) of the Arta-culo 18a °, remain extinguished with the cancellation of accrued rents provided that there is no judgment of first grade and except in cases of recidivism."
Arta-culo 20a ° â €"are null void contracts sub-rent and subrogation of tenancy contracts without the consent of the owner of the property."
Arta-culo 21a ° â €"is the privative jurisdiction and competence of teachers judges in Civil matters, knowledge in first instance judgements of eviction that is Substanciara n ° only as sumario-verbal judgment in the non-extendable term of fifteen days-as Ta and charges, subject to the common rules of Civil procedure."
Arta-culo 22a ° â €"against the rulings of first grade, come from resources of Apelacia³n in both effects and the nullity, which will be n substantiated before the party and the Civil room of district courts, judges respectively.!"
23a ° â € Arta-culo "Ejecutoriada that is the judgment of eviction only is granted to the tenant the following Ta issued under terms of release;!" 30 days-as tratà moving of room or apartment; 60 days-as in the case of a Department and 90 day-as if it's all the property.
Arta-culo 24a ° â €"the respondent tenant, in any State or instance of the cause, assists the right to request the term corresponding to the Desocupacia³n, and the judge will grant without any other formality, with the injunctions of the law." This resolution will have face character of sentence passed on authority of res judicata and the deadline will give margin to the release without any other mite. Tra!!!
Arta-culo 25Â ° â €"the income of the property for the purposes of this Act may not be higher than 10% a year on the price of new Catastracia³n that is be made within the period of one year from the present law Codelcoâ.!"
Chapter V.a€ "of the sanctions Arta-culo 26a ° â €" the housing Comisara-as will know n and will meet n emerging claims of contract of Locacia³n, imposing fines of fifty to five hundred thousand Bolivians, according n the gravity of the facts produced.!! Against its resolutions comes the appeal before the Mayor, who in the término de dÃ-as three Pronunciara the final car. The Commissioners of Vivienda must n be lawyers or graduates in law, in departmental capitals and jurists in provinces.!
Arta-culo 27a ° a€ "the amount of the fines that is imposed and to which is concerns the Arta-culo beam © simo fifth, is Hara n effective through apremio body and is Depositara n in has special of the Bank Central of Bolivia to the order of the Institute national of housing.!!"
Arta-culo 28Â ° â €"is Restituira (the tenant the property which has been evicted in the cases provided by the causal b)(, c) and h) of the Arta-culo 18a °, if the landlord has not met them within the término's eight day-as.!"
Article 29a ° â €"new buildings aimed at housing, are released from any tax for the first ten years after its building.
Arta-culo 30a ° â €"all provisions contrary to this law are hereby repealed."
Arta-culo Transitorio.a€ "all eviction judgements suspended by virtue of the law of 11 October 1956, are cancelled, and the plaintiffs establish them according to the precepts of this law."
Commune-contact to the Executive for constitutional purposes.
Session of the H. Congress Hall.
Peace, the ° of December 1959.

(Fdo). Ruba © n Julio Castro, President of the H. Senate Nacional.a€ "Juan Sanjinà © s o., President of the H. CA mara Diputados.a€" Ciro Humboldt B., Senator Secretario.a€ "Humberto Velarde, Senator Secretario.a€" Ignacio Callaà º, Deputy Secretario.a€ "Zena³n Barrientos M., Deputy Secretary.!"
THEREFORE: I enacted it is and meets as a law of the Republic.
Government Palace, in the city of La Paz, to the eleven day-as of the month of December nineteen hundred fifty and nine years.
(Fdo). HERNÁN SILES ZUAZO, constitutional President of the Repaºblica.a€ "Carlos Morales Guillen, Minister of Government, justice and immigration."