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

Original Language Title: LEY DEL INQUILINATO.— LEY DE 11 DE DICIEMBRE DE 1959 — PROMÚLGASE EN VI CAPÍTULOS, 30 ARTÍCULOS Y UN ARTICULO TRANSITORIO

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law of December 11, 1959

HERNAN MISSILES ZUAZO

CONSTITUTIONAL PRESIDENT OF THE REPASBLICA

For How Much: The National Congress has sanctioned the following Law:

CONGRESS NATIONAL,

DECRETA:

CHAPTER I. †"GENERALIAs

ArtA-arse 1A °â€" The right to housing is of a public order and the rules governing it are subject to a special legal regime.

ArtA-ass 2A °â€ " You will have for housing, for the purposes of this law, the house, department, room or room that is used as a dwelling place.

ArtA-ass 3A °â€ " Stores, shops, pulperA-as, deponsitos, professional offices, hotels and other commercial or industrial premises shall be subject to the free contract. The shops occupied by small artisans, which have their abode in it, are included within the rule provided for in Article 2A

ArtA-ass 4A °â€ " The tenant or location is a special contract by which an owner gives a person, natural or legal, the possession and use of a house or part of it, by the way and time indeterminate.

ArtA-ass 5A °â€ "This contract may be written or verbally written, serving as proof in this last case the receipt of the payment of rentals.

ArtA-ass 6A °â€" The contract of location only fenece:

By voluntary delivery of the building, and

By any of the causals of eviction provided for in this law.

ArtA-culo 7A °â€ " Every rental house must meet the technical and ethical conditions that establish the municipal ordinances and regulations, where it is

ArtA-ass 8A °â€ "The rights and obligations set forth by this law are unrenountable and are null and void the stipulations to the contrary.

CHAPTER II.â€" OF THE LOCATOR

ArtA-ass 9A °â€ " The locator is required:

Deliver and keep the rented property in habitability and provided with all the necessary services, in accordance with Article 7A;

Grant monthly rental receipts;

Communicate to the Commissioner Housing, when the real estate or part of it is removed, within the third dA-a

ArtA-ass 10A °â€ " The locator is prohibited:

Private, reduce or limit to the free water, the services of potable water, electrical light The use of courtyards, free transit and anything that relates to uses common;

Negating the location of homes, rooms, or departments to people with family or child marriages;

Perform rental contracts through commission members, who benefit from differences that they obtain in the rental cA;

Set up foreign-currency rental nones; and

Require and perceive

ArtA-ass 11A °â€" No owner will leave to rent their rooms and apartments idle.

ArtA-cull 12A °â€ " When the locator eludes or refuses to receive the amount of rent, the Tenant will deposit them to the order of the one in the Central Bank of Bolivia or Treasury Municipal where there is no agency of the indicated institution. The Housing Commission shall grant rental receipt, notifying the owner.

Article 13A†" Owners who refuse to rent their buildings to national tenants or to married children will be punished with a A HUNDRED THOUSAND to FIVE HUNDRED THOUSAND BOLIVIANS.

CHAPTER III.-OF THE LOCATARY

ArtA-ass 14A ° †" The locatary is bound:

Pay the rental fee on time;

Keep the building in good condition;

Communicate to the Housing Commissioner when he disoccupies the building or delivery of it;

Report breaches of this law; and

Deliver the building directly to the locator or its representative.

ArtA-cult 15A °â€" Be prohibited from the tenant:

Sublease the building or part of it to third parties

Subramming the contraro;

perceiving key right and commissions;

Making improvements and other jobs without locator consent, except cases of imperative need qualified by the municipality. The cost invested will be reimbursed by the owner;

Paying rents in foreign currency;

Paying for advanced nones; and

Giving the property a use contrary to that for which it is rented.

ArtA-ass 16A ° †" The Inquilinate Contract shall be in effect for the benefit of the direct descendants and descendants of the licensee, in the event of their death or final transfer to another locality.

ArtA-ass 17A °â€ "The sale or other cause that limits or modifies the right of ownership over the rented property, does not extinguish the location contract but when there is evidence of any reason for eviction.

CHAPTER IV.â€" DE THE CAUSALS OF EVICTION

ArtA-cull 18A °â€ " They are causal of eviction the following.

Lack of payment of three months of expired rentals;

When the owner needs the building to live and In the same way, if you do not have another, you will find yourself as a tenant. The choice of the building, rooms or apartments whose eviction is intended, is attributed to the locator,

When the owner has a need to rebuild the building and provided that it is not mere refactions; this The contract of employment and the plans approved by the respective municipal authorities in the capitals of the Department and by the experts appointed by the Municipal Mayor in the provinces will be justified. To this end it is understood by reconstruction, the precept by the article 344 of the Civil Code,

When the tenant sub-rent the building or part of it or has its own house,

When the contract of the location, the action of this case should be followed, both against the tenant and against the subrogatory;

When the property is given a different use for which it was rented;

When the property has been acquired or expropriated by reason of public need and utility and for the benefit of social order institutions,

When the owner has a need for the land to perform a Major reconstruction. In this case it will be necessary to submit the corresponding municipal authorization, and must, in addition, initiate the work within the term of 8 dA-as of the desocution.

ArtA-article 19A °â€ " The action of eviction by reason (a) of Article 18A, shall be extinguished with the cancellation of the accrued rent provided that there is no first degree sentence and except cases of recidivism.

ArtA-ass 20A ° †" The sub-rental and subrogation contracts for tenant contracts made without the consent of the owner of the property are null and void.

ArtA-arse 21A ° â€" It is from the private jurisdiction and competence of the Judges Instructors in the Civil, the knowledge in the first Instance of the trials of eviction that will be substantially substantial as summary judgment-verbal in the unextendable term of fifteen dA-as and all charges, with subject to the common rules of the Civil Procedure.

Article 22A ° †" Against the first-degree sentences, the appeal appeals in both effects and the nullity, which will be substantial before the judges of the Party and the Civil Chamber of the District Courts, respectively.

Article 23A ° †" Executed that is the eviction statement will only be granted to the tenant the following terms under the launch agreement; 30 dA-as in the case of housing or room; 60 dA-as in the case of a department and 90 dA-as if it is the whole building.

ArtA-ass 24A ° †" To the tenant in demand, in any state or instance of the cause, assists him with the right to ask for the time limit for the lack of attention, and the judge will grant him without any other formality, with the warning of rights. This resolution will have a last sentence in the authority of res judicata and the expiration of the deadline will give margin to the launch without any other limit.

ArtA-ass 25A ° †" The rent of the buildings for the purposes of this law shall not be greater than 10% per year on the price of new cadastration to be carried out within the period of a year from the promulgation of this law.

CHAPTER V. †"OF THE SANTIONS

ArtA-ass 26A ° â€" The Housing Commissaries will know and resolve the emerging claims of the location contract, imposing pecuniary penalties of fifty to five hundred thousand. According to the gravity of the facts produced. Against its resolutions comes the appeal of the mayor to the Municipal Mayor, who in the term of three days will pronounce the definitive Auto. The Housing Commissioners should be lawyers or law graduates, in

Department capitals and jurists in Provinces.

ArtA-ass 27A ° †" The amount of fines that are imposed and referred to in the fifth fifth, will be made effective by body award and will be deposited. In special account of the Central Bank of Bolivia to the order of the National Housing Institute.

ArtA-culo 28A ° †" The property that has been evicted in the cases provided for by the causes (b), (c) and (h) of the Article 18A, if the locator has not fulfilled them within the term of eight dA-as.

Article 29A °â€ " The new buildings destined for housing, are released from all taxes for the first ten years after their building.

ArtA-ass 30A °â€ "All provisions contrary to this law are hereby repealed.

Transitional Article.â€" All eviction trials suspended under the Law of 11 October 1956, are cancelled, The plaintiffs may establish them according to the precepts of this law.

Communicate to the Executive Branch for constitutional purposes.

Session of the H. National Congress.

Peace, December 1959.

(Fdo.) Rubén Julio Castro, President of the National Senate. †"Juan Sanjináš O., President of the H. CA of Diputados.â €" Ciro Humboldt B., Senator Secretario.†"Humberto Velarde, Senator Secretario.â€" Ignacio CallaAº, Deputy Secretario.â € " Zenón Barrientos M., Deputy Secretary.

BY TANTO:

Law of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic

the Republic of the Republic of the Republic of China. nine hundred and fifty nine years.

(Fdo.) HERNAN MISSILES ZUAZO, Constitutional President of the República.â € " Carlos Morales Guillen, Minister of Government, Justice and Immigration.