The Ultimate Tenant's Rights Checklist: 25 Questions to Ask Before Signing a Lease in Cuenca, Ecuador

The Cuenca Rental Landscape: An Insider's Briefing

Lease Duration: The standard, legally preferred lease term is 12 months. In popular expat zones like El Vergel or El Centro, you may find furnished apartments offered for 6 months, but often at a 10-15% monthly premium for the flexibility. Anything less than 6 months is typically considered a short-term or vacation rental with different pricing and rules.
Deposits & Guarantees: The security deposit (depósito de garantía) is almost always required. The legal maximum is two months' rent, but the standard for unfurnished places is one month's rent. For high-end, fully-furnished properties, two months is common. Hyper-Specific Detail #1: By law, your landlord must return your deposit within a specific period after your lease ends, pending a final inspection. If they make deductions for damages beyond normal wear and tear (desgaste normal), they must provide receipts. If a dispute arises, your recourse is not a lengthy court battle but a formal mediation hearing at a local Centro de Mediación, which is a faster and more binding process.
Furnished vs. Unfurnished: "Unfurnished" (sin amoblar) in Cuenca means an empty shell. You will likely need to provide your own stove, refrigerator, light fixtures, and sometimes even the showerhead. "Furnished" (amoblado) can range from basic to turnkey, so demand a detailed inventory list (inventario) attached to the lease.
Utility Costs & Set-Up: All major utilities—electricity (luz), water (agua), and internet—are almost always the tenant's responsibility. Hyper-Specific Detail #2: The type of stove dramatically impacts your utility budget. A modern induction stovetop can add $40 to $70 per month to your electricity bill (planilla de luz). In contrast, a gas stove uses a portable tank (bombona de gas) that costs approximately $2.50 to $3.00 and lasts 4-6 weeks for a couple. This is a critical budget consideration many newcomers overlook.

The 25 Essential Questions to Ask Before Signing

Ask these questions directly. A professional landlord will have ready answers. Evasion is a major red flag.

Lease Agreement & Legalities

May I have a complete draft of the lease agreement (contrato de arrendamiento) to review for at least 24 hours before signing? (This is non-negotiable. Never sign on the spot.)
What is the exact monthly rent (canon de arrendamiento), in US dollars, and what is the due date? (Clarify the payment method—bank transfer is best for a paper trail. Ask about the penalty for late payment.)
Is the lease term for 12 months? Are other terms negotiable? (Understand the full commitment.)
What is the exact security deposit amount, and what are the specific conditions for its full return? (Request that "normal wear and tear is expected" be written into the clause.)
Are there any other upfront fees? (Watch out for vague "administrative" or "contract fees." These are not standard.)
What is the process for lease renewal, and can the rent be increased upon renewal? (Ecuadorian law puts limits on rental increases; ensure your lease reflects this.)
What is the penalty for early lease termination? Hyper-Specific Detail #3: Ask to see the cláusula de terminación anticipada. This clause outlines the penalty for breaking the lease. A fair and common penalty is forfeiting the security deposit or paying one additional month's rent. Anything more severe (e.g., being liable for the entire remainder of the lease) is excessive and should be negotiated down.
Will this lease be notarized (notarizado)? (While not legally required for all residential leases, notarization provides a powerful layer of legal protection and validity for both parties. For any lease over $150/month, I strongly recommend it.)

Property Condition & Maintenance

Who is my direct contact for maintenance issues, and what is their phone number? (Avoid situations where you have to go through multiple people.)
Who is financially responsible for repairs to major appliances, plumbing leaks, and electrical systems? (The landlord is typically responsible for infrastructure and provided appliances, but the lease must state this clearly.)
Is there a current inventory list (inventario) of all furniture and appliances with photos? (For furnished units, this is your proof. Go through it together, test every appliance, and sign it only when you agree.)
Are there any known issues with humidity, mold (moho), or water leaks? (Cuenca's climate can cause these issues, especially in older buildings. Look for stained ceilings and walls.)
Who is responsible for routine fumigation or pest control?

Utilities & Building Services

Which utilities, if any, are included? (Typically, only the building's shared maintenance fee, or alícuota, might be included. Gas is almost never included.)
Can you provide copies of recent utility bills so I can estimate my average monthly costs? (This is a reasonable request to verify the landlord's claims.)
What internet providers service this building? Hyper-Specific Detail #4: The main providers are the city-run ETAPA and private fiber optic companies like Puntonet or Netlife. If you are renting in a designated heritage building (casa patrimonial) in El Centro, be aware that getting new fiber optic lines installed can require special permits and landlord approval letters, potentially delaying your installation by several weeks. Confirm the building is already wired for high-speed internet.
What is the procedure for paying the building's alícuota (HOA/condo fee)? (Is it paid directly to the building administration or to the landlord?)

Rules, Regulations & Safety

Can I review a copy of the building's rules and regulations (reglamento interno)? (This covers pets, noise hours, use of common areas, and guest policies.)
What security measures are in place? (Is there a guard (guardia), security cameras, or a remote entry system?)
Is the water from the tap consistently potable, or is a filtration system recommended? (While Cuenca's municipal water is high quality, the plumbing in older buildings can be questionable.)
What is the building's policy on pets? (Be specific about the size and type of your pet.)
Are there any restrictions on minor cosmetic changes, like painting walls or hanging pictures?

The Final Checks

Who holds the legal title to this property? (The person signing the lease as the landlord must be the legal owner or have a notarized power of attorney to act on their behalf. You can request to see a copy of the property tax record, or pago de predio, to verify ownership.)
In case of an emergency, what is the landlord's or property manager's 24-hour contact number?
Can I speak with the current or a former tenant? (Their willingness to agree to this speaks volumes about their confidence as a landlord.)

Physical Inspection Checklist: Go Beyond the Visuals

When you inspect the property, be methodical:

Water Pressure: Turn on every faucet and shower simultaneously. A significant drop in pressure indicates old or inadequate plumbing.
Electrical Outlets: Bring a small phone charger and test every outlet.
Cell Signal & Wi-Fi: Check the signal strength in every room. Poor reception can be a major daily frustration.
Signs of Dampness: Open cabinets under sinks and in corners of closets. Trust your nose—a musty smell is a warning sign of humedad (dampness).
Noise: Visit at different times of the day. The charming, quiet street at 10 AM might be a noisy bus route at 5 PM. Listen for dogs, nearby construction, or businesses.

⚠️ Market Warning: The #1 Mistake Expats Make

The most common and costly mistake is accepting a verbal agreement and signing a generic lease template without professional review. This haste, driven by the excitement of finding a "perfect" place, leads to disputes over deposit returns, liability for expensive repairs, and illegal rent hikes. The 'gringo tax' isn't just about paying higher rent; it's about being held financially responsible for things you shouldn't be. A clear, detailed, and notarized lease is your only real protection.

Securing your home in Cuenca should be an exciting chapter, not a source of stress. By using this checklist, you are not being difficult; you are being a diligent, informed tenant.

Ready to find your ideal Cuenca home with an expert on your side? Book a personalized consultation today. We handle the negotiation, verify the legalities, and ensure your lease is ironclad, saving you time, money, and future headaches.