Rent or Anticrético? Bolivianos or Dollars? | ¿Alquilar o dar en anticrético? ¿bolivianos o dólares?

By Ligia Portillo, Red Uno:

Rent or Give Under Anticrético? Bolivianos or Dollars? These Are the Legal and Financial Keys

The key is knowing the documentation, the legal formality, and defining the currency of payment—whether bolivianos or dollars—to protect both the owner and the tenant.

¿Alquilar o dar en anticrético? ¿En bolivianos o dólares? Estas las claves legales y financieras

Photo: Screenshot

In a country where housing is a right protected by the Political Constitution of the State (CPE), but where the state’s supply does not meet all needs, thousands of Bolivians face the decision of renting or giving their properties under anticrético. This choice requires not only financial analysis, but also legal knowledge to avoid future conflicts.

Today’s “Legal Wednesday” addressed the fundamental aspects of both contracts, with the participation of attorney Albert Valdivia, who recommended that before signing any document, both owners and tenants should have specialized legal advice.

“The first thing is to understand that, although housing is a social right, contracts are governed by supply and demand. This means that the rental rate can vary freely, and the same applies to anticrético, always within legal formality,” Valdivia explained.

Before committing, it is vital to verify:

  • Ownership of the property: The owner must demonstrate that they hold title to the asset through an updated folio real.
  • Liens or mortgages: Ensure that no debts exist that could affect the transaction.
  • Registration and receipts: For rental agreements, the owner must be registered with National Taxes to issue legal receipts.

In the case of anticrético, which is a guarantee contract, the formality is even stricter: it must be executed through a public deed and registered with Real Rights to ensure the return of the invested capital.

Clear contract drafting: avoiding surprises

Valdivia emphasized the importance of detailed drafting, where the following must be specified:

  • The object of the contract: exclusive use as housing and not for other purposes.
  • Number of occupants and rules for temporary visitors.
  • Condition of the property at the beginning of the contract, including inventory and conditions of delivery.
  • Updating the fee: especially relevant in a country with inflation and variations in the exchange rate.

Bolivianos or dollars: the currency does matter

One of the most controversial points is the choice of currency. In rental or anticrético contracts, payment can be agreed in bolivianos or dollars. Valdivia warns: “It will depend on the agreement between the parties, but it is advisable to define from the start how the fee will be updated in the face of inflation or fluctuations of the dollar. This protects both the owner and the tenant or anticretista.”

The choice of currency can also influence the amount of the monthly payment or the anticrético, the stability of the investment, and the ability to cope with economic variations.

Take note:

  • Always consult with a trusted attorney before signing.
  • Verify that all documentation is in order and registered.
  • Draft the contract with surgical precision to avoid conflicts.
  • Determine the currency of payment and how the fee will be adjusted in case of economic changes.

With these steps, Bolivians and foreigners can make informed and safe decisions when renting or giving property under anticrético, protecting their assets and avoiding legal disputes that can sometimes take years to resolve.

Leave a comment