In Peru, short-term rentals are commonly referred to as "alquileres temporales" or simply "alquileres de corta estancia" (temporary rentals or short-stay rentals).

Short-term rentals in Peru are defined as accommodations rented for short durations, typically for a few days to a few months, primarily catering to tourists, business travelers, and temporary residents. These rentals include a variety of property types, such as apartments, houses, rooms in shared homes, and even unique options like eco-lodges or traditional Peruvian-style homes. They offer visitors a flexible, often more affordable alternative to hotels, allowing them to experience local neighborhoods and culture more intimately.

In Peru, tenants can legally operate short-term rentals, or "alquileres temporales." However, several considerations must be meant:

1. Landlord Consent: Tenants must obtain explicit permission from landlords before subletting, as lease agreements and Peruvian law generally prohibit subletting without it.
2. HOA Rules: Properties in condominiums or under Homeowners Associations may have bylaws that restrict or regulate short-term rentals, often requiring prior approval.
3. Municipal Regulations: Some municipalities, especially in tourist areas like Lima and Cusco, may enforce specific rules or licensing for short-term rentals. Checking with local authorities is recommended to ensure compliance.

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In Peru, there isn't a nationwide regulation that defines a maximum length of stay for short-term rentals. The duration of such rentals is typically determined by agreements between property owners and guests, and can vary based on the property's location and the owner's preferences.

In popular cities like Lima, Cusco, and Arequipa, short-term rental platforms such as Airbnb offer accommodations for various durations, ranging from a few days to few weekss. For instance, Airbnb provides furnished monthly rentals and extended stays in Peru, allowing guests to book accommodations for a month or longer.

In Peru, while there is no specific national legislation exclusively governing short-term rentals (STRs), property owners must adhere to general property rental laws and local municipal regulations. Key considerations include:

Lease Agreements:

• Types of Contracts: Peruvian law recognizes two primary types of rental contracts:
• Fixed-Term Contracts: These can be established for a maximum duration of 10 years. If the property is owned by the Peruvian state or an incapacitated citizen, the limit is reduced to 6 years.
• Indefinite-Term Contracts: These continue until either party decides to terminate, typically requiring a 30-day notice period.

Regulatory Compliance:

• Local Regulations: Property owners offering STRs must comply with local municipal regulations, which may include obtaining necessary permits, ensuring the property meets safety standards, and adhering to zoning laws. It's essential to consult with local authorities to understand specific requirements.

Taxation:

• Income Tax: Income earned from short-term rentals is subject to taxation in Peru. Property owners are required to report rental income and may be liable for taxes such as the Impuesto a la Renta (Income Tax). Consulting with a tax professional is advisable to ensure compliance with all fiscal responsibilities.

Tenant and Landlord Rights:

• Property Improvements: Landlords are generally required to reimburse tenants for necessary and useful improvements made to the property during the lease term, provided prior approval was obtained. Necessary improvements prevent damage or deterioration, while useful improvements increase the property's value.
• Eviction Procedures: Peruvian law outlines specific grounds for eviction, including expiry of the contract term, non-payment of rent, unauthorized subleasing, and using the property for purposes other than those agreed upon. Landlords must follow legal procedures to evict tenants, ensuring the protection of both parties' rights.

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While there is no national permit requirement for operating a short term rental in Peru, local municipalities may have specific regulations or licensing requirements for short-term rentals. These can include zoning laws, safety standards, and other local ordinances.

Required Documentation:

• Proof of Property Ownership: Documents verifying ownership of the property.
• Identification: Valid identification documents of the property owner.
• Tax Registration: RUC number and related tax compliance documents.
• Municipal Licenses: If applicable, any local permits or licenses required by the municipality.

Fees:

The fees associated with tax registration are generally minimal. However, if the rental activity is classified as a business, there may be additional costs related to IGV registration and compliance. Municipal fees vary depending on local regulations and should be verified with the respective municipal authority.

In Peru, there is no national association specifically dedicated to short-term rental (STR) owners. However, property owners can access resources and support through international organizations such as the International Short-Term Rental Association (ISTRA), which aims to advance professionalism and success in the STR industry globally.

Additionally, platforms like Rent Responsibly offer directories of short-term rental advocacy groups and associations, providing valuable resources for STR owners.

While these organizations offer support, the absence of a dedicated national association in Peru means that STR owners may need to rely on a combination of international bodies, local agencies, and online communities for networking, advocacy, and industry insights.

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