Decree Nº 4,169 Suspensión of Payment of Rent

Caracas, March 30, 2020

FLASH REPORT 

Instrument Date Official Gazette
Presidential Decree No. 4,169  03-23-2020  Special Issue 6,522  dated 03-23-2020

Purpose: To order the suspension of payments of rent for commercial properties as well as those used as the tenant’s main living quarters.

Duration: The suspension of rental payments commences on the date on which the Decree was published and is to last until September 1, 2020.

Scope of the Decree: Landlords may not demand payment of rent due for the duration of the suspension, of overdue rent or of any other amount agreed to in the lease; the parties may, however, agree by mutual consent to a rescheduling of the amounts owed. If the parties are unable to reach an agreement for the rescheduling of payments, they may submit the dispute to the National Superintendency for Housing Rentals (SUNAVI), in the case of homes, and to the National Superintendency for the Defense of Socio-economic Rights (SUNDDE) in the case of commercial premises.

Exceptions: The suspension of rent payments will not be applicable in the event of a resumption of commercial activities prior to the end of the maximum term provided for in the Decree or in the case of commercial establishments that, given the nature of their activities and the guidelines provided by the National Executive, are operating and providing services.

Yours truly,

Benson, Pérez Matos, Antakly & Watts

Jaime Gómez P.