THE LEGAL ANGLE OF THE NEWS

4 LAWS
LEGISLATIVE POWER of eviction provided for in this Wednesday,
law, submitAprilto
24,the
2019 / 2
“The Peruvian
jurisdiction of the notary for the verification of saidy-pe
cause and the execution of the eviction by the
legal justice of the peace.
CONGRESS OF THE REPUBLIC 3. Record the number, type and currency of the
credit account opened in a company of the
LAW Nº 30933 financial system or in a savings and credit
cooperative supervised by the Superintendence
THE PRESIDENT OF THE REPUBLIC of Banking, Insurance and Private Pension Fund
Administrators (SBS), so that the lessee pay the
HOW MUCH: rent agreed in the rental contract
lease.
THE CONGRESS OF THE REPUBLIC; In the event that the credit account is modified,
He has given the following Law: the lessor informs the lessee of this situation by
means of a communication of a certain date. As
LAW THAT REGULATES THE long as such communication is not made,
payments made to the original account are
SPECIAL PROCEDURE OF considered valid.
EVICTION WITH NOTARIAL INTERVENTION
Article 6 . Application Requirements
Article 1 . Object of the law
The purpose of this law is to establish and regulate the 6.1 The eviction request is submitted in writing,
special eviction procedure through the intervention of a indicating the name of the owner or the person
notary and with judicial execution. who has the right to restitution of the property, his
or her address, identification document and
Article 2 . Scope of application of the Law signature; as well as the name of the tenant, their
The owner, the lessor, the administrator and anyone contractual address, if applicable, their number or
who considers they have the right to the restitution of real copy of their identification document.
estate may avail themselves of the provisions of this law, 6.2 The following documents are attached to the
against the tenant who has expressly submitted to the eviction request:
procedure established by this law.
Vacancy due to rental, sale, financial leasing or other 1. The original or legalized copy of the FUA form
types of contracts that include payment to acquire or the public deed of the lease contract, which
ownership of the property are not included in the scope of must comply with the requirements
this law. established in articles 4 and 5 of this law.
2. The original or legalized copy of the notarial
Article 3 . Competence letter sent to the tenant in the property subject
The following are competent to carry out the special to eviction and to their contractual address, if
procedure established in this law: applicable; Through it, the restitution of the
real estate is required due to the expiration of
1. Notaries, within the province in which the leased the term or the termination of the contract due
property is located, to verify the causes of to non-payment, as appropriate.
eviction.
2. The learned justice of the peace of the district in 6.3 The eviction request can only be supported by the
which the leased real estate is located, to order causes established in article 7 of this law. The
and execute the release. parties may appeal to the competent authorities,
in order to demand compliance with the other
Article 4 . Procedure requirements obligations derived from the lease contract.
To request the eviction of real estate under this law,
the following requirements must be met: Article 7 . Causes
The eviction under this law proceeds when any of the
1. The property subject to notarial eviction must be following causes are configured:
unequivocally identified; and the lease contract
must include the precise references of its location. 1. Expiration of the term of the lease agreement;
2. The lease contract must be contained in the either,
Single Property Leasing Form for Housing (FUA), 2. Failure to pay the agreed rent in accordance with
created by Legislative Decree 1177, Legislative the provisions of the lease contract. If no deadline
Decree that establishes the Regime for the has been established, the provisions of paragraph
Promotion of Housing Leasing; or in public deed. 1 of article 1697 of the Civil Code apply.
In this case, the lease contract may be intended For the purposes of verifying non-payment of rent,
for housing, commerce, industry or other the notary only considers the proof of transfer or
purposes. deposit of payments made through the credit
3. Modifications or addendums to the lease contract account agreed upon by the parties, as
must comply with the same formality as the established in paragraph 3 of article 5 of this
original contract. document. law, until before receipt of the notarial
letter referred to in paragraph 2 of article 6.2 of
Article 5 . Content of the lease agreement The this law.
lease agreement referred to in article 4 must:
1. Contain a future trespass clause for the tenant to
return the property due to expiration of the
contract term or the termination of the lease due
to non-payment of rent.
2. Contain an express submission clause to the
provisions of this law so that the notary verifies
the causes of expiration of the contract term or
the resolution due to non-payment of rent, and the
legal justice of the peace orders and executes the
eviction.
The clause of express submission to this law
expressly and indubitably contains the decision of
the parties, who, in the event of any of the causes
 THE LEGAL ANGLE OF THE NEWS

© El Peruano / Wednesday, April 24, 2019 LAWS

Article 8 . Procedure before a notary to verify the The judicial is challengeable without
causes of eviction suspensive effect
resolution. Paz lawyer submits a letter to the
8.1 The notary receives the eviction request, verifies 3 .3 The corresponding Police
compliance with the procedural requirements, the dependency
National judge
of Peru (PNP), so that within a period of
content of the lease contract and the application two (2) business days counted from the day
requirements established by this law. following the notification, obligatorily and under
The notary notifies the tenant in the property of responsibility, it provides assistance and
8.2 the eviction and at his contractual address, if guarantee for the execution of the eviction in the
applicable, so that, within a period of five (5) manner and period indicated in its judicial
business days of receiving the communication, he resolution.
can prove that he is not involved in any of the 4 .4 Once the launch procedure is completed, the
indicated causes. in article 7. interested party may request before the same
The tenant can only formulate an opposition legal justice of the peace the payment of costs
8.3 based on: and costs of the process, as well as the notarial
services derived from the eviction, in accordance
with the provisions of articles 417 and 419 of the
to The renewal or extension of the term of the Civil Procedure Code insofar as it does not
) lease contract with the same formalities as the COMPLEMENTARY PROVISIONS
original contract; FINALS
b) The proof of transfer or deposit of the rent
payments made in the credit account agreed FIRST. Supplementary application of the Civil
upon by the parties; Code, the Civil Procedure Code and Law 26662, Law
c) Failure to comply with the formalities of Notarial Competence in Non-Litigious Matters
established by this law. In everything not regulated in this law, the provisions
of the Civil Code, the Code of Civil Procedure, and Law
8.4 H notary, with the tenant's response 26662, Law of Notarial Competence in Non-Litigious
submitted
e within the period indicated in section Matters, are additionally applied, as appropriate.
8.2 of this article, it verifies whether any of the
grounds for eviction provided for in article 7 of this
law are configured, in which case it carries out the
following actions: SECOND. Free choice of notary
The applicant has the right to process the eviction
1 . It issues a non-contentious document procedure with notarial intervention, before the notary of
leaving a reliable and indubitable record of his free choice from any district within the province in
the expiration of the contract or its termination which the property subject to eviction is located, in
due to non-payment, with the declaration of accordance with the jurisdiction established in paragraph
the origin of the eviction, which is recorded in 1 of the article 3 of this law.
the Notarial Registry of Non-contentious
Matters. The document issued by the notary
constitutes a special executive title to proceed THIRD. Modification of article 58 of Legislative
without further procedure to the release of the Decree 1049, Legislative Decree of Notaries
property in accordance with article 9. Paragraphs k) and l) of article 58 of Legislative
2 . Send the legalized copy of the file to the Decree 1049, Legislative Decree of Notaries, are modified
legal justice of the peace of the district in with the following text:
which the leased real estate is located, so
that it proceeds in accordance with the “ Article 58.- Non-requirement of the minutes
provisions of article 9. The minute will not be required in the following
acts:
The notarial eviction process ends if:
8.5 k) Others that the law establishes.”
1. None of the grounds for eviction provided
for in article 7 are established; in this case, the COMPLEMENTARY PROVISION
notary completes the procedure by informing the l) TRANSIENT
applicant of this fact.
2. The parties agree to terminate it at any time ONLY. Lease contracts prior to the validity of this law
during the procedure. In this case, the notary Lease contracts that were entered into within the
draws up the corresponding non-contentious framework of Legislative Decree 1177, Legislative Decree
record concluding the procedure. that establishes the Housing Leasing Promotion Regime, and
those prior to this may benefit from this law, as long as they
Article 9 . Judicial launch procedure sign an addendum that complies with the same formalities of
the lease contract established in this law.
9.1 Once the notarial stage of the special procedure
referred to in this law is completed, the interested Please inform the President of the Republic for its
party submits a request for release addressed to the promulgation.
competent legal justice of the peace, with the
authorization of the lawyer and payment of the In Lima, on the sixteenth day of April, two thousand and
respective judicial fee, so that it can be transferred by nineteen.
the notary. together with the legalized copy of the
notarial file. DANIEL SALAVERRY VILLA
9.2 Within three (3) business days of receiving the President of the Congress of the Republic
request from the interested party and the legalized
copies of the file sent by the notary, the competent LEYLA CHIHUÁN RAMOS
legal justice of the peace verifies the requirements of First Vice President of the Congress of the Republic
the request and issues the judicial resolution in which
the launch is ordered. against the tenant or against
whoever is in the property; as well as, the unlocking
order in case of resistance to compliance with the
court order or if the property is closed.
Leasing of properties subject to the Law that regulates the
special eviction procedure with notarial intervention.
 THE LEGAL ANGLE OF THE NEWS

6 LAWS Wednesday, April 24, 2019 / 6 He y-pe

TO THE PRESIDENT OF THE REPUBLIC could be in conflict with the fulfillment of the duties
and functions of the position.
THEREFORE 3. All judicial rulings, tax rulings and easily accessible
: systematized jurisprudence by subject, with a
I command it to be published summary in simple and friendly language, in
and fulfilled. accordance with the guidelines and directives
Given at the Government House, in Lima, on the established by the Ministry of Justice and Human
twenty-third day of April of the year two thousand and Rights, through the National Authority for the
nineteen. Protection of Personal Data, and in coordination
MARTIN ALBERTO VIZCARRA CORNEJO with the Judiciary and the Public Ministry.
Republic President 4. The list of interviews and visits that judges and
prosecutors have and, in general, of the members
SALVADOR DEL SOLAR LABARTHE of the National Board of Justice, the Constitutional
President of the Council of Ministers Court and the Academy of Judiciary, with an
indication of the matter that motivated them. The
1762977-1 5. annual reports of the entities that make up the
justice system on the activities carried out within
the framework of their powers.
LAW Nº The reports prepared by the control offices of the
6.
30934 Judiciary and the Public Ministry or those that act
THE PRESIDENT OF THE
in their place.
REPUBLIC The selection and appointment, ratification and
HOW MUCH: 7.
disciplinary processes of judges and prosecutors
by the National Board of Justice.
THE CONGRESS OF THE
8. Detailed and useful information for the generation
REPUBLIC; of public policies on the matter.
He has given the Access to the National Registry of Lawyers
9.
following Law: Sanctioned for Professional Malpractice, created
LAW THAT MODIFIES LAW 27806, by Legislative Decree 1265 and its regulations
approved by Supreme Decree 002-2017-JUS.
LAW OF TRANSPARENCY AND ACCESS
Article 40.- Supervision of the National Authority
TO for Transparency and Access to Information
PUBLIC INFORMATION, REGARDING THE The National Authority for Transparency and Access
to Information will be in charge of supervising
TRANSPARENCY IN THE JUDICIAL compliance with the transparency obligations
POWER, contained in this law."
THE PUBLIC MINISTRY, THE NATIONAL FINAL COMPLEMENTARY PROVISIONS
BOARDof Title VI in Law
Unique item . Incorporation This rule will come into effect thirty business days
27806, Law of Transparency and Access to Public following its publication.
Information, modified by Law 27927 and Legislative
Decree 1353 SECOND. Appropriateness of the single ordered
Title VI is incorporated into Law 27806, Law of text
Transparency and Access to Public Information, modified The Executive Branch will adapt the Single Ordered
by Law 27927 and Legislative Decree 1353, in the Text of Law 27806, approved by Supreme Decree 043-
following terms: 2003-PCM, to the provisions of this law within a period of
30 days from the effective date of this law.
“TITLE VI
THIRD. Financing
TRANSPARENCY IN THE JUDICIAL POWER, THE The implementation of this law is financed from the
PUBLIC MINISTRY, THE NATIONAL BOARD OF institutional budget of the entities involved, without
JUSTICE, THE CONSTITUTIONAL COURT AND THE requiring additional resources from the public treasury.
ACADEMY OF THE JUDGMENT
Please inform the President of the Republic for its
Article 38.- Scope of application promulgation.
The present legal regime of transparency applies to all
institutions that make up the justice system: Judiciary, In Lima, on the sixteenth day of April, two thousand
Public Ministry, National Board of Justice, and nineteen.
Constitutional Court and Academy of Judiciary.
Article 39.- Transparency obligations DANIEL SALAVERRY VILLA
The entities that are part of the justice system are President of the Congress of the Republic
required to publish on their respective transparency LEYLA CHIHUÁN RAMOS
portals, at least, the following information: First Vice President of
FIRST. Validity Congress of the republic
1. The resume of the judge or prosecutor, of the members TO THE PRESIDENT OF THE REPUBLIC
of the National Board of Justice, of the Constitutional
Court and of the Board of Directors of the Academy of THEREFORE:
Judiciary. This publication includes basic information
about your academic training and work experience, I command it to be published and fulfilled.
disciplinary sanctions imposed, assets according to
your sworn declaration of income and assets and Given at the Government House, in Lima, on the
income, sentences, resolutions or opinions issued or in twenty-third day of April of the year two thousand and
which you have participated as a member of a nineteen.
collegiate. MARTIN ALBERTO VIZCARRA CORNEJO
2. The sworn declaration of interests of judges, Republic President
prosecutors and, in general, members of the justice
system that allow them to know whether or not they are SALVADOR DEL SOLAR LABARTHE
involved in situations in which their personal, work, President of the Council of Ministers
economic or financial interests
1762977-2