My Landlord is Showing the Apartment to New Tenants: What are the Rules in Cuenca?

Navigating the intricacies of a rental agreement in a foreign country can be daunting, especially when unexpected situations arise. As a Cuenca housing specialist who has negotiated hundreds of leases for expats, I’ve seen one issue cause more anxiety than almost any other: a landlord wanting to show your apartment to prospective tenants while you still live there. This can feel intrusive and raise serious questions about your rights versus the landlord’s.

My mission is to replace that anxiety with authoritative knowledge. This is not generic advice; this is a field guide based on the Ecuadorian Ley de Inquilinato (Tenancy Law) and years of on-the-ground experience in Cuenca. We will demystify the rules surrounding landlord access, protect your right to privacy, and arm you with the specific language and strategies to prevent costly misunderstandings.

Understanding Landlord Access Rights in Cuenca: The Legal and Practical Landscape

In Ecuador, a landlord’s right to access their property is balanced against the tenant's fundamental right to "quiet enjoyment" and privacy. This balance is defined by two things: your lease agreement and established local practice.

The Cornerstone: Your Lease Agreement (Contrato de Arrendamiento) Your lease is your single most important legal protection. A professionally drafted contract will—and should—explicitly outline the terms for landlord access. However, many standard leases in Cuenca are dangerously vague. Before signing anything, I insist my clients have clauses specifying:

Notice Period: A minimum of 24 hours' written notice (WhatsApp is acceptable and common) is the professional standard. Anything less is unreasonable.
Showing Window: Access should be restricted to reasonable hours, such as Monday to Friday, 10:00 AM to 5:00 PM. Weekend or evening showings should only be permitted with your explicit, case-by-case consent.
Frequency: The lease can and should limit the number of showings to a reasonable number, such as no more than three times per week.

If your lease is silent, common practice and legal principles prevail. A landlord cannot enter without your permission. Unannounced visits are a violation of your rights. The expectation is that you, the tenant, will be reasonably cooperative, but this cooperation does not mean surrendering your right to privacy.

Hyper-Specific Detail #1: The Standard Cuenca Lease Term

In popular expat zones like El Vergel, Puertas del Sol, and El Centro, the vast majority of landlords renting furnished apartments will demand a 12-month lease. Shorter-term leases (6 months) are rare and often come with a 10-15% rental premium. Landlords prioritize long-term stability, and you should be prepared for this year-long commitment. This is a critical point of negotiation if you need more flexibility.

Your Rights When Your Landlord Wants to Show the Apartment

When your landlord requests access, remember these non-negotiable rights:

Right to Advance Written Notice: You are legally entitled to receive notice before any visit. Insist on 24 hours. A phone call is not enough; get it in a text or email to create a paper trail.
Right to Privacy (Derecho a la Privacidad): Your home is your private domain. Showings should be scheduled appointments, not open houses, and should not disrupt your life excessively. A 30-minute showing is reasonable; a two-hour window where people can come and go is not.
Right to Refuse Unreasonable Requests: You are not obligated to agree to every proposed time. If a showing conflicts with your work-from-home schedule, a private appointment, or your general peace, you have the right to propose alternative times. Be polite but firm.
Right to Be Present (or Not): It is your choice whether to be present during a showing. Many expats feel more secure staying, while others prefer to leave. If you do leave, secure all valuables. Never feel pressured to vacate the property if you are uncomfortable doing so.

Navigating the Situation: A Step-by-Step Professional Approach

When your landlord contacts you about showings, handle it with calm authority.

Step 1: Immediately Review Your Lease Agreement Locate the clause on landlord access (acceso del arrendador). This clause dictates the entire process. If it's vague or non-existent, proceed to Step 2 to establish clear ground rules.

Step 2: Respond Professionally and Establish Parameters Acknowledge their request and immediately set the terms.

Example Response: "Thank you for the notice, [Landlord's Name]. I can accommodate a showing on [Date] at [Time]. Moving forward, to ensure a smooth process for everyone, please provide at least 24 hours' written notice for all future showings, which we can schedule between 10 AM and 5 PM on weekdays. This will help minimize disruption. Thank you for your cooperation."

Step 3: Document Everything Every single communication about showings—requests, confirmations, and any issues—must be in writing. WhatsApp is excellent for this, as it provides a time-stamped record. This documentation is your strongest asset if a dispute arises.

Step 4: Secure Your Home and Valuables While you are expected to keep the apartment reasonably tidy, you are not a staging service. Before any showing, put away laptops, passports, jewelry, and any sensitive documents. This is a basic security measure.

Step 5: Address Violations Immediately If a landlord or their agent shows up unannounced, violates the agreed-upon times, or brings unvetted individuals, you must address it instantly and in writing.

Example: "Hi [Landlord's Name], your agent just arrived for a showing without any prior notice. As we agreed, I require 24 hours' notice for all visits. Please ensure this is respected for all future appointments."

The Expert Pre-Lease Checklist: Avoiding Problems Before They Start

The best way to manage showings is to establish clear terms before you sign the lease. Here is the checklist I use with every client:

1. The Lease Deep Dive (Crucial!):
- Early Termination Clause: Look for the cláusula de terminación anticipada. This is a penalty for breaking the lease early. Landlords will often demand a penalty of two full months' rent. I always negotiate this down to one month's rent, or, ideally, a 30-day notice period without financial penalty if a new, suitable tenant is found.
- The Deposit (La Garantía): The standard deposit in Cuenca is one month's rent. By law, the landlord has up to 90 days after you vacate and settle final utility bills to return it. In practice, you must be proactive. Always conduct a move-in walkthrough with the landlord, take dozens of photos/videos, and sign a detailed inventory list (inventario) of all items and their condition. Without this proof, you risk forfeiting your deposit.
- Utilities: Are they included (incluido) or separate (no incluido)? Get clarity on who pays the alícuota (HOA fee).
2. Property Condition & Utilities:
- Induction vs. Gas: This is a major budget factor. Modern buildings legally require induction stoves. While safer, they significantly increase your electricity bill (planilla de luz) from the utility company ETAPA. An older building with a gas stove, using a standard 15kg tank of domestic gas that costs a subsidized price of $2.50-$3.00, will save you money. A heavy user of an induction stove can expect their monthly electricity bill to be $15-$30 higher than it would be with gas cooking.
- Internet: Ask about internet access. In historic buildings in El Centro or semi-rural areas like Turi, getting a new fiber optic line from a provider like Netlife or Puntonet can be a bureaucratic nightmare requiring landlord permissions and weeks of waiting. Confirm there is existing, modern infrastructure.
3. Landlord Reputation:
- Is the landlord or property manager known in the expat community? A bad reputation spreads quickly. A responsive, professional landlord is worth more than a slightly cheaper rent.

⚠️ Market Warning: The "Friendly Landlord" Trap

The most expensive mistake expats make is falling for the "friendly landlord" who operates on verbal agreements and a handshake. This informal approach feels nice at first but evaporates the moment a problem arises. These landlords are often the worst offenders when it comes to unannounced visits, as they use your desire to be agreeable against you. They will "just be in the area" and ask to "pop in for a minute" with a new client. This is a test of your boundaries. If you allow it once, it will become the norm.

Your contrato de arrendamiento is not a mere formality; it is your shield. A professional landlord will respect a tenant who demands clarity and adherence to the contract. Insisting on clear, written rules for showings from day one doesn't make you difficult—it makes you a smart, protected tenant.

Find Your Cuenca Haven with Confidence

The process of a landlord showing your apartment can be managed smoothly and without stress, but only if you are armed with the right information and a proactive strategy. By understanding your rights, communicating clearly, and documenting everything, you remain in control.

Your home in Cuenca should be a place of peace, not anxiety.

Ready to secure a rental with a fair lease and a professional landlord who respects your rights? Book a one-on-one personalized home search consultation with me today. We'll navigate the entire process together, ensuring your rental experience is safe, secure, and perfectly suited to your new life in Cuenca.