Eviction in Puerto Rico: the full court process

Eviction is the special judicial procedure to recover possession of a property. Owners, their representatives or anyone with a right to possess it can request it — for non-payment of rent, breach of an essential contract clause, or breach of a federal contract such as HUD subsidies. Being a summary process, claims for damages, improvements or anything needing complex proof cannot be added; if the defendant raises defenses such as conflicting title or a community of property, they can ask the court to convert the case to the ordinary track, with discovery and multiple hearings.

To file: being the property owner, their representative, or another person with a right to possess it. Where to file depends on the case: if the amount owed does not exceed $5,000 a year, at the Municipal Courtroom of the municipality where the property sits; over $5,000 a year, at the Superior Clerk’s Office; and with no contract between the parties — desahucio en precario — at the Superior Courtroom. To defend: any defendant can answer before the hearing or at the hearing itself, and appear pro se or with a lawyer.

• Filing the complaint at the court Clerk’s Office — form OAT 931 can be used — with both parties’ names and addresses, the plaintiff’s relationship to the property and the reason for the eviction.Verified against the official source
• Completing the Eviction Summons and Citation (OAT 972) with the defendant’s name and residential address.Verified against the official source
• Internal revenue stamps: $60.00 if the eviction is solely for non-payment; $90.00 if en precario or the amount claimed exceeds $5,000 a year.Verified against the official source
• The court has discretion to exempt indigent persons who request it from paying fees.Verified against the official source

• Eviction Complaint (OAT 931) and Eviction Summons and Citation (OAT 972).
• For the defendant: the Answer to Eviction Complaint (OAT 1801), which can be filed before the hearing or answered at the hearing.
• After judgment, to execute it: the Motion Requesting an Eviction Order (OAT 1742).

1. 1

   Step 1: No forcing anyone out

   It is illegal for the owner to force the tenant out: changing the locks, cutting off utilities or discarding belongings is not eviction, it is an illegal act. The path is a court complaint and a judgment in your favor. And if the housing is subsidized — HUD, Section 8, public housing — its regulations may require an administrative procedure before suing.

2. 2

   Step 2: File in the right courtroom with the right stamps

   Up to $5,000 a year owed: the Municipal Courtroom of the property’s municipality, with $60.00 in stamps if only non-payment. Over $5,000 a year or en precario (no contract): the Superior Courtroom, with $90.00. The complaint (OAT 931) goes with the summons (OAT 972).

3. 3

   Step 3: Service and the hearing

   The defendant can answer before the hearing (OAT 1801) or at the hearing itself, and appear pro se or with a lawyer. At the hearing both sides present their evidence and the court decides by judgment whether the eviction proceeds. Whoever does not appear waives presenting evidence: default is entered and the case continues without them.

4. 4

   Step 4: Five days to appeal, not thirty

   Once the judgment is notified, the dissatisfied party has five days to appeal to the Court of Appeals, and appealing requires posting a bond. If nobody appeals, the judgment is final five days after the notice is entered in the record.

5. 5

   Step 5: The physical eviction must be requested and arranged

   Once final, the eviction does not happen on its own: the plaintiff requests the order (OAT 1742), delivers the writ to the sheriff, checks the eviction fees at the Sheriffs’ Office, and arranges the locksmith and crew to remove belongings at their own expense. Without that crew, the sheriff does not proceed. If the court found the family insolvent, the eviction waits 20 non-extendable days from notice, and Familia and Vivienda staff must be present.

At the Municipal Courtroom of the property’s municipality if the debt does not exceed $5,000 a year; at the Superior Courtroom or Clerk’s Office if it exceeds that amount or the eviction is en precario.

• Changing locks or cutting utilities to force the tenant out: illegal without a judgment.
• Letting the five-day appeal window pass believing it was thirty.
• Adding damages or improvement claims to the summary complaint when they do not fit.
• Not appearing at the hearing: default is entered and the case continues without you.
• Winning and showing up to the eviction without a locksmith or crew: the sheriff does not proceed.
• Suing over subsidized housing without exhausting the administrative procedure its regulations require.

These are the government pages this guide is based on.

• Poder Judicial de Puerto Rico

  Poder Judicial

  poderjudicial.pr

• Judiciary forms catalog (OAT eviction forms)

  Poder Judicial

  poderjudicial.pr

• Eviction Complaint — OAT 931

  Poder Judicial

  poderjudicial.pr

• Judiciary educational booklet on eviction (PDF)

  Poder Judicial

  poderjudicial.pr