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Rentals to Foreigners vs Sales to Residents: Cuba's Two Legal Property Markets

Why a visitor can rent a Cuban home for a year but cannot buy one, how the casa-particular licence works, and where the two markets touch.

Cuba runs two property markets under two sets of rules. One — sales, swaps and inheritance — is reserved for citizens and permanent residents. The other — rentals, from a night to a year — is open to anyone, foreigners included, through the licensed casa-particular system that has housed visitors since 1997. Confusion between the two causes most of the mistakes people make. This page sets each out, explains the licence behind every legal rental, and shows how a long-term rental works for a foreigner who wants to live in Cuba without owning.

The basics

Sales: residents

Purchase, donation and swap of a dwelling require Cuban citizenship or permanent residence, formalised before a notary and registered.

Rentals: anyone

A licensed owner ('arrendador') may rent rooms or whole homes to Cubans or foreigners in pesos or hard currency, paying a fixed monthly tax plus income tax to ONAT.

The licence

Renting to foreigners requires the specific licence category, a registered guest book reported to immigration, and compliance with the tax office; renting without it is an offence for the owner.

How it really works

How the rental market was legalised

Decree-Law 171 of 1997 allowed Cubans to rent rooms and homes to visitors, creating the 'casa particular' that became the country's largest private hospitality sector — tens of thousands of licensed houses by the 2010s, and the backbone of visitor accommodation outside the resorts. Later rules split licences between renting to Cubans in pesos and renting to foreigners in hard currency, set the taxes and required owners to register every foreign guest with immigration within 24 hours.

Long-term rentals for foreigners

A foreigner on a tourist visa may stay up to 90 days (extendable) and rent legally for that period; a foreigner with temporary residence — for work, study, marriage or family — may rent for the duration of that status. Contracts are private and typically monthly; payment is in hard currency or MLC; the owner remains responsible for the guest register. Long-term tenants often negotiate utilities and repairs into the rent, since the owner carries them by default.

What a tenant does not get

A rental confers no rights of occupation beyond the contract and no path to ownership. Cuban law does not recognise a tenant's option to buy, a lease-to-own arrangement or any rental structure that leaves a foreigner holding the home at the end. The casa-particular owner may sell the house during a tenancy, and the new owner is not bound by the old owner's rental agreement unless they choose to be.

Where the two markets meet

They meet in the family. A Cuban resident buys a home; a relative abroad funds the purchase; the home is then rented to visitors to generate income. This is lawful as long as the resident is the genuine owner and the licence holder, and the taxes are paid by them. It becomes unlawful the moment the arrangement is a disguised purchase by the foreign funder, who in that case has paid for a house that is legally and practically someone else's.

The taxes behind the licence

A licensed landlord pays a fixed monthly quota per room or house, a progressive income tax declared annually, and social-security contributions, with rates and brackets revised several times since 2010. Tenants should expect the rent to reflect those costs and should insist on a receipt; a landlord who refuses one is usually unlicensed, which exposes the tenant to eviction without recourse if the arrangement is reported.

US law applies — read this first

For anyone subject to US jurisdiction, the Cuban Assets Control Regulations (31 CFR Part 515) prohibit most dealings in property in which Cuba or a Cuban national holds an interest unless OFAC authorises them, and Helms-Burton Title III exposes those who deal in property confiscated since 1959 to US litigation. This page is information, not legal, tax or investment advice; it values nothing and offers nothing for sale.

Where this leads on CubaAtlas

The useful next steps — the lawful ones.

Sources

cubapropertylistings.com · Part of the CubaAtlas network · cubaatlas.com

In depth

A glossary for reading Cuban property listings: casa, bajos, barbacoa, azotea and more

Property advertisements in Cuba are written in a particular shorthand. Words such as bajos, entresuelo, barbacoa and ciudadela carry meanings that a newcomer might miss, and phrases like papeles en regla or documentos al día can hide more than they reveal. This guide explains the vocabulary found in Cuban listings, the way measurements and floors are described, and the questions each phrase should prompt. It is a reading aid, not a listing service.

Types of dwelling

A casa is a house, often a single-storey or two-storey building with its own entrance. An apartamento is a flat in a multi-unit building. A edificio multifamiliar is a building of several flats, often built by the state. A biplanta is a two-level dwelling. A ciudadela is a tenement-style building with rooms around a shared courtyard, common in older parts of Havana. A solar is a similar compound. A bohío is a rural hut of traditional construction, and a finca is a farm or country estate.

Listings may also use the word penthouse or ático for top-floor units, and villa for a larger detached house, particularly in Miramar and Siboney. These words are marketing, and their meaning depends on the building.

Floors, levels and spaces

Floors are counted from the ground. Bajos refers to the ground floor, entresuelo to a mezzanine level between the ground and first floors, and primer piso to the first floor above ground. A barbacoa is a loft or mezzanine built into a room with a high ceiling, a common solution in older buildings with tall rooms to gain extra living space. Barbacoas are often built informally and may not meet safety standards.

An azotea is a flat roof, which in Cuban cities is often a usable terrace and sometimes a place to keep water tanks. A portal is a covered porch or arcade at the front of a house. A patio is an inner courtyard. A garaje may be a parking space or a small storage area.

Measurements and descriptions

Sizes are quoted in square metres but may refer to built area, usable area or the area including shared parts. The number of habitaciones or cuartos means bedrooms, but sometimes includes other rooms. Phrases such as amplia sala or cocina independiente describe a large living room and a separate kitchen. Because definitions vary, ask for the figures in the title documents and verify them by measuring.

Condition is described in euphemistic terms. Para reparar means in need of repair, a la obra means at the construction stage, and recién remodelada means recently refurbished, which can range from fresh paint to a full renovation. Ask to see the roof, plumbing and wiring.

Legal phrases

Phrases about documents deserve extra attention. Papeles en regla suggests that the paperwork is in order, but does not say which papers. Propiedad plena claims full ownership, which should be confirmed by a registry certificate and deed. Sin hipotecas ni deudas states there are no mortgages or debts, to be checked. Escritura notarial refers to a notarial deed. Permuta indicates the owner is open to an exchange. Each phrase should lead to a request for the corresponding document.

Be cautious with phrases such as apto para extranjeros, which implies that foreigners can buy. Ask which legal provision makes that possible, and treat vague answers as a red flag.

Services and utilities

Listings often mention water, electricity and gas. Agua todo el día means that water is available around the clock, which is not always the case. Cisterna and tanque indicate storage tanks, common because of intermittent supply. Motor or bomba refers to a pump. Planta eléctrica is a generator, and paneles solares are solar panels. These details matter, because reliable services are valuable and their absence can be costly.

How to use the glossary

Reading a listing is a process of translation and questioning. Take each phrase and ask what it actually promises, what proof exists and what could be missing. Compare several listings for the same district, and visit if you can. This page does not carry listings, endorse any site or provide legal advice.

How addresses work in Havana and other cities

Addresses in Cuban cities follow their own logic. In Vedado, streets are named by letters and numbers, and an address such as Calle 23 entre L y M means on 23rd Street between L and M streets. In older districts, streets have names, and an address gives the street, number and the cross streets, entre. Apartments are identified by building number, floor and unit, as in Edificio 15, apto 6. A listing that gives only a neighbourhood leaves the exact location unknown, and the entre details are needed to find the place.

Maps may not always include every street, and local people often refer to landmarks, such as a bakery or a school, as much as to street names. Asking a host or seller for a description of how to arrive is common practice.

More vocabulary: kitchens, bathrooms and services

Words for rooms and fittings also vary. A baño completo has a toilet, sink and shower, while a medio baño has only a toilet and sink. A cocina americana is an open-plan kitchen. A lavadero is a laundry area, often on a balcony or terrace. A termo is a hot-water heater. Gas por tubería or por balón indicates piped gas or cylinders. Línea telefónica and conexión a internet mean landline and internet access, which cannot be assumed. Knowing the terms prevents misunderstanding.

Photographs and what to ask for

Ask for pictures of every room, the bathroom, the kitchen, the roof, the stairs and the street. Request a short video walking through the home and the building. If a seller is reluctant, that is informative. Ask when the photographs were taken. Compare the images with satellite views to check the surroundings.

This page does not carry listings and is a reading aid only.

How to keep your own listing honest

Owners who advertise a property can build trust by being thorough. Give the exact area and floor, say how old the building is, describe the condition frankly, list what is included and what is not, state the legal basis of the sale and show recent photographs of every room, the roof and the street. Mention the downsides, such as noise or intermittent water, because buyers will find out anyway, and honesty prevents wasted visits. Answer questions promptly and let serious buyers bring an engineer.

An honest listing may attract fewer enquiries but better ones. Buyers value sellers who tell the truth, and in a small community reputations spread quickly.

Dealing with listings in two languages

Many listings aimed at foreigners are written in English or mixed languages, while genuine local ones are in Spanish. Reading both helps: the Spanish original may include details that the translation omits, and mistakes in translation can mislead. When using a translation tool, check key terms against a dictionary. If the seller speaks only Spanish, enlist a bilingual friend for the conversation. Misunderstandings in language can lead to misunderstandings in the deal.

Common questions

What is a barbacoa?
A mezzanine or loft built into a high-ceilinged room, often informally.
What does bajos mean?
The ground floor of a building.
What is an azotea?
A flat roof, often used as a terrace.
What does papeles en regla mean?
That the documents are said to be in order. Ask exactly which documents and verify them.
Do you carry listings?
No. This page is a glossary only.
What does 'documentos al día' mean in a Cuban listing?
It suggests the documents are up to date, but it does not say which. Ask for the title, the registry certificate, proof of no debts and any permits for alterations. Treat the phrase as an invitation to ask, not as a guarantee.
What is the difference between a 'casa' and an 'apartamento'?
A casa is a house, usually with its own entrance and sometimes a garden or patio. An apartamento is a flat in a building with shared parts. The legal and practical consequences differ: apartment buyers share the roof, stairs and structure with neighbours, while house owners are responsible for everything.
What does 'azotea' mean and why does it matter?
An azotea is a flat roof, often used as a terrace and a place for water tanks and laundry. It matters because it takes the weather and is a common source of leaks. In apartment buildings the roof is usually a shared space, and who may use it should be clear.
What is a 'barbacoa'?
A mezzanine built into a room with a high ceiling to create extra space, common in older buildings. Many barbacoas were built informally and may not be safe or approved. Inspect how it is supported and ask whether it has authorisation.
What does 'listo para habitar' promise?
That the home can be lived in immediately. Check that water, electricity, drains and doors work, that the roof does not leak and that there is no mould. The phrase has no legal definition.
What is a 'ciudadela'?
A tenement-style building with rooms around a shared courtyard, with common bathrooms in some cases. Found in older parts of Havana, they offer low prices but crowded conditions. They may have complicated ownership.
How are floor areas usually stated?
In square metres, but it can be built area, usable area or total including shared parts. Ask what the figure means and compare with the deed. Measure yourself if possible.
What does 'cerca de todo' mean?
Close to everything. It is a vague phrase. Check the actual distances to transport, shops, schools and clinics on a map and on foot.
What are 'bajos' and 'entresuelo'?
Bajos is the ground floor and entresuelo is a mezzanine floor between ground and first. They can be noisier, darker and more exposed to flooding than higher floors, though they may offer easier access.
Why do listings often omit the address?
To avoid being bypassed by intermediaries or for privacy. It makes verification harder. Ask for the exact address before investing time.
Do I need to see the property before making an offer?
Yes, or have a trusted person see it. Offers made blind risk surprises.
How do I find out if a listing is a duplicate?
Search key phrases and check photographs across sites. Multiple identical listings under different names suggest an intermediary or a scam.
How can I ask a seller for more detail politely?
Thank them for the advertisement, say you are interested and ask a few specific questions at a time, such as the exact address, area, floor and documents. Offer to visit at their convenience. Serious sellers appreciate clear, courteous enquiries.

Official sources and where to go next

Links open the publisher's own site. CubaAtlas does not operate, sell, book or clear anything and earns nothing from these links.