Your Expert Guide to Cuenca Rentals: What to Do When a Tenant Comes with the House

Moving to Cuenca is an exhilarating prospect. But the dream of sipping coffee on your colonial balcony can quickly sour if you're not prepared for the realities of the local rental market. As a Cuenca-based housing specialist and lease negotiator, I've seen firsthand how easily expats can stumble into complex situations. One of the most bewildering is renting a property that already has an occupant—what I call "inheriting a tenant."

This isn't about finding a roommate. It's a high-stakes scenario where you could lose your deposit and be left without a home. My role is to give you the insider knowledge to navigate this and other challenges, ensuring your move is secure, transparent, and financially sound.

The Cuenca Rental Ecosystem: An Insider's View

On the surface, Cuenca's market seems simple. But the details are what protect you or expose you to risk. Most landlords prefer a two-year lease (contrato de dos años), which is the standard legal minimum, but one-year leases are common for furnished apartments in expat-heavy zones like El Centro, El Vergel, and Puertas del Sol. Don't be surprised if this shorter term comes with a slightly higher monthly rent.

The security deposit (garantía) is another key area. Legally, a landlord can ask for up to two months' rent. In practice, one month's rent is standard for furnished properties, while two months is common for high-end or unfurnished homes. Critically, Ecuadorian law mandates the return of this deposit within 15 days of the lease termination, pending a signed property handover document (acta de entrega-recepción). Be warned: many landlords illegally try to withhold it for "normal wear and tear," a point that must be defined and negotiated before you sign.

The situation of inheriting a tenant typically arises in two ways:

The Informal Sublet: The current tenant is renting a room out without the owner's knowledge or formal approval. This is a messy, high-risk situation you should avoid entirely.
The Property Sale: More commonly, an owner sells their tenanted property to a new owner, who then wants to rent it to you. The existing tenant's lease might still be active, creating a legal tangle.

Your rental agreement is with the legal property owner, period. If that owner cannot deliver a vacant property on the date stipulated in your contract, they are in breach.

Your Rights vs. Theirs: The Legal Realities

When you sign a lease (contrato de arrendamiento) in Cuenca, you are securing the right to exclusive possession. This means any existing occupant must be legally vacated before your lease begins.

Ecuadorian tenancy law protects existing tenants. If a property is sold, the tenant has the right to finish their lease term. The new owner can't simply evict them. This is the new owner's problem to solve, not yours. However, it becomes your problem the moment you hand over a deposit for a property that the owner can't legally deliver to you.

This is where expats make a disastrous mistake: they accept a landlord's verbal promise that the "current person is leaving next week." Never, ever proceed on a verbal promise. If it's not in writing in a notarized contract, it's just conversation.

⚠️ Red Flags & Common Scams to Avoid

This scenario is a minefield of potential scams. I’ve helped clients recover from every one of these:

The Phantom Tenant: You sign a lease and pay a deposit, only to discover the "tenant" is actually a relative of the owner who has no intention of leaving. Your money is gone, and the apartment was never truly available.
The Deposit Ploy: A landlord knowingly rents you an occupied apartment, takes your deposit, and then claims delays with the current tenant. They are essentially getting an interest-free loan from you while you scramble to find another place.
The "Pay the Tenant" Ruse: You are told to pay your deposit or first month's rent directly to the current occupant. This is a cardinal sin. All financial transactions must be with the legal owner listed on the property title (escritura) or their legally appointed representative (apoderado), and you must receive a signed receipt (recibo).
Ignoring a Vague Lease: Your lease must contain specific clauses. Be wary of any agreement that lacks a cláusula de terminación anticipada. This clause outlines the penalty (typically one month's rent) if you need to break the lease early. Without it, you could be on the hook for the entire lease term.

Your Non-Negotiable Checklist for a Secure Rental

To protect yourself, you must be systematic and assertive. Follow these steps without exception.

Step 1: Ask the Right Questions Upfront

When inquiring, be direct: "¿La propiedad está actualmente ocupada?" (Is the property currently occupied?) If yes, your follow-up questions are non-negotiable:

"When does their legal lease contract expire?"
"Will the property be delivered to me completely vacant and professionally cleaned?"
"What is your legal plan to ensure the current occupant vacates before my lease begins?"

A legitimate owner will have clear, confident answers. Hesitation is a massive red flag.

Step 2: During the Viewing, Be a Detective

Assess the Situation: Does the property look like someone is moving out, or are they firmly settled in?
Utility Bills: Ask to see a recent utility bill from ETAPA (Cuenca's municipal provider). Is it in the owner's name or the tenant's? A bill in the tenant's name can signal a more formal, long-term arrangement that will be harder to unwind. Also, this shows if there are outstanding debts you could inherit problems with.

Step 3: The Lease Agreement Is Your Only Protection

Your contract is everything. Insist on the following:

Notarization: A simple signed paper is not enough. In Ecuador, a lease must be notarized (notarizado) to be a powerful, legally enforceable instrument.
Exclusive Possession Clause: The contract must state you have posesión exclusiva y única (exclusive and sole possession) as of the move-in date.
The Handover Addendum (Acta de Entrega-Recepción): This is a critical document, separate from the lease, that you sign on move-in day. It details the exact condition of the property and an inventory of all items, from forks to furniture. Hyper-Specific Tip: Take photos of everything and embed them in the document. This document is your proof against illegitimate deposit claims when you move out.

Step 4: Master the Utilities

Induction vs. Gas: This is a classic Cuenca "gotcha." An all-electric apartment with an induction stove looks modern, but it can easily add $40-$60 per month to your electricity bill. In contrast, a standard gas stove uses a bombona de gas (gas tank) that costs $2.50 and lasts over a month. This difference alone is over $600 per year.
Internet: Don't assume the building has fiber optic. In areas like Turi or the outer parishes, getting a reliable line from Puntonet or ETAPA can take weeks and require an installation fee. Verify service availability before you sign.

Step 5: Secure, Documented Payments

Never Pay Cash: Use a bank transfer (transferencia bancaria) to the owner's official bank account. This creates an undeniable paper trail.
Demand a Receipt: Get a signed and dated recibo for every single payment, including the deposit.

The Most Expensive Mistake You Can Make

The costliest error is paying a deposit based on a verbal promise that an existing tenant will leave. When they don't, you are in a legal no-man's-land. The owner has your money, the tenant has the legal right to be there, and you have nowhere to live. You must operate with the assumption that unless you have a notarized contract guaranteeing vacant possession on a specific date, the property is not available.

Secure Your Cuenca Home with Confidence

Renting in a new country doesn't have to be a gamble. By arming yourself with this insider knowledge, you can identify risks, negotiate effectively, and protect your financial interests. The beauty of Cuenca awaits, and the first step is securing a home safely and intelligently.

Don't leave your move to chance. If you're ready to find the right home without the risks, let's talk.

Book a one-on-one consultation with me, and let's ensure your Cuenca rental experience is as safe and wonderful as the city itself.