Question 1

How many vacation days does my employer have to give me each year in Puerto Rico?

Accepted Answer

Under Puerto Rico labor law, the answer depends on the type of employer (private or public sector). ## Private sector: Ley 180-1998 Private-sector employers must grant and pay their employees…

Question 2

How many sick days am I entitled to accrue, and can they pay me for the ones I don't use?

Accepted Answer

Under the Puerto Rico public-service regulations retrieved for this query, you are entitled to accrue sick leave at a rate of **one and a half (1½) days for each month of service** ; . If…

Question 3

They fired me after 3 years for no reason. Am I entitled to severance pay, and how much would it be?

Accepted Answer

Based on the information available in the corpus, you may be entitled to the unjust-dismissal indemnity established by Ley Núm. 80 de 30 de mayo de 1976, según enmendada (Ley sobre Despidos…

Question 4

How many paid holidays am I entitled to as an employee in Puerto Rico?

Accepted Answer

Under the regulations of various Puerto Rico public entities retrieved for this query, the number of paid holidays varies by the agency or public corporation you work for. No…

Question 5

I'm on probation. Can they fire me without paying me anything?

Accepted Answer

You are asking whether, during the probationary period, you can be dismissed without any payment. The answer depends on whether your employment is governed by the private or the public sector, although in both cases the probationary period…

Question 6

Do they have to pay me time and a half for overtime after 8 hours?

Accepted Answer

Yes. Ley 379-1948 (Ley para Establecer la Jornada de Trabajo en Puerto Rico) states clearly that the employer must pay overtime at **time and a half** the regular wage. Article 4 defines which…

Question 7

My boss won't pay me the Christmas bonus. Is it mandatory, and how much am I owed?

Accepted Answer

I can't answer with the information available.

Question 8

I'm pregnant. How many weeks of maternity leave do I get, and can they fire me?

Accepted Answer

# Maternity leave and protection against dismissal during pregnancy in Puerto Rico ## Length of maternity leave The answer depends on the entity you work for, because the applicable regulations…

Question 9

I resigned from my job. Do they have to pay me the vacation days I had accrued?

Accepted Answer

Yes. In Puerto Rico, when an employee resigns, the employer is obligated to pay the value of accrued and unused vacation. That obligation arises both from case law and from the…

Question 10

How long do I have to sue my employer for an unjust dismissal?

Accepted Answer

The period to file a court claim for unjust dismissal under Ley Núm. 80 de 30 de mayo de 1976, según enmendada (29 L.P.R.A. secs. 185a –185e), is **three (3) years** from the date…

Question 11

My supervisor harasses and humiliates me in front of everyone. What can I do legally?

Accepted Answer

Under the available corpus, sexual harassment at work is expressly prohibited by Puerto Rico public policy, and the employer has a duty to keep the workplace free of that conduct.…

Question 12

What is the current minimum wage in Puerto Rico?

Accepted Answer

The minimum wage in Puerto Rico is **$10.50 per hour** as of July 1, 2024, under the phased increase set by Ley 47-2021.  ## How the current regime developed Ley 47-2021 established a policy…

Question 13

How do I file for divorce in Puerto Rico, and how much does it cost?

Accepted Answer

# Divorce in Puerto Rico: procedure and costs A divorce in Puerto Rico can be obtained through two main routes: (1) a **court proceeding** before the Court of First Instance, or (2) a **notarial…

Question 14

I want a divorce but my husband doesn't agree. Can I still get divorced?

Accepted Answer

Yes. Puerto Rico law lets you divorce even if your husband does not agree. Divorce on the ground of **irretrievable breakdown** is a unilateral dissolution mechanism that does not require the…

Question 15

How is child support calculated for my children in Puerto Rico?

Accepted Answer

Child support in Puerto Rico is calculated through a fixed process set out in the **Guías Mandatorias para Fijar y Modificar las Pensiones Alimenticias**, adopted by the Administración…

Question 16

My child's father doesn't pay support. What can I do to make him pay?

Accepted Answer

## Ways to collect unpaid child support When the obligor fails to pay support, you can pursue collection through the Administración para el…

Question 17

How do I ask for custody of my children, and what does the court look at when it decides?

Accepted Answer

To request custody of your children, you must start a court proceeding in the Puerto Rico Court of First Instance. The process can take place in the context of a divorce, a proceeding for…

Question 18

We're getting divorced. Do I have the right to stay in the house where the kids live?

Accepted Answer

Under the Puerto Rico Civil Code of 2020, you could have the right to stay in the family home after the divorce, but the decision depends on several factors the court will weigh case by case. The…

Question 19

How are property and debts divided when you get divorced?

Accepted Answer

In Puerto Rico, the division of property and debts on divorce follows the rules for liquidating the conjugal partnership set out in the Civil Code. The general process is explained below…

Question 20

My ex-partner is threatening me. How do I get a protection order under Ley 54?

Accepted Answer

You can request a protection order under the Ley para la Prevención e Intervención con la Violencia Doméstica (Ley 54-1989) by going to the court and filling out Formulario I, established by Article 5.4 of the…

Question 21

My landlord won't return my apartment deposit now that I moved out. What can I do?

Accepted Answer

With the information available in the corpus, the legal framework governing the return of security deposits in residential leases in Puerto Rico was not retrieved for this query. I therefore cannot cite…

Question 22

How much notice does the apartment owner have to give before raising my rent?

Accepted Answer

Based on the available context, the answer depends on the type of lease and whether there is a fixed-term contract. For a **one-year fixed-term lease** on a property…

Question 23

I stopped paying two months of rent. How soon can they evict me?

Accepted Answer

Under the available corpus, eviction for nonpayment in Puerto Rico has several procedural milestones that determine the total time before a possible removal. The following sets out the…

Question 24

The apartment has leaks and mold and the landlord won't fix it. Can I stop paying?

Accepted Answer

## Can you stop paying rent over leaks and mold? **General rule: paying the rent and the duty to repair are independent obligations.** The tenant may not, on their own initiative, suspend payment of the…

Question 25

Can the owner come into my apartment whenever he wants without telling me?

Accepted Answer

No. The owner, meaning the titleholder of the apartment, **cannot** enter your apartment whenever he wants without notice. The Ley de Condominios de Puerto Rico sets out a clear regime limiting the titleholder's access…

Question 26

I don't have a written contract, only a verbal agreement. Do I have rights as a tenant?

Accepted Answer

Yes. Under the available corpus, a verbal lease agreement gives you rights as a tenant, although those rights are more limited than under a written contract and carry additional risks. The…

Question 27

My landlord wants me out in 3 days. Is that legal?

Accepted Answer

No, it is not legal. Eviction in Puerto Rico must go through the courts and requires notice and the granting of procedural deadlines. An attempt at out-of-court eviction in 3 days violates the…

Question 28

My neighbor's dog barks all night. What can I do?

Accepted Answer

The situation you describe can certainly be a nuisance. To offer guidance grounded in the available law, it is necessary to examine what legal remedies exist in the supplied corpus for addressing nuisances…

Question 29

My neighbor plays music at full volume in the early morning. Where do I file a noise complaint?

Accepted Answer

You can file a complaint for excessive noise in several forums, depending on the circumstances. The Supreme Court of Puerto Rico has recognized that excessive noise disturbing the home is an actionable…

Question 30

Branches from my neighbor's tree fall into my yard. Who is responsible?

Accepted Answer

Under the available corpus, the Puerto Rico Civil Code and Supreme Court case law set out a clear regime for this situation. The answer depends on whether you are seeking an immediate remedy…

Question 31

My neighbor built a fence inside my property. How do I defend my boundary line?

Accepted Answer

## Applicable legal framework Defending your boundary when a neighbor builds a fence encroaching on your property runs through several real actions recognized in the Puerto Rico Civil Code. ### 1. Action…

Question 32

The condominium wants to charge me a special assessment I didn't approve. Do I have to pay it?

Accepted Answer

Yes. In principle you are obligated to pay a special assessment approved by the Consejo de Titulares, even if you did not vote for it or did not attend the meeting. The duty to contribute to common expenses…

Question 33

The condominium administrator won't account for the money. What can I do?

Accepted Answer

With the information available in the corpus, the question of the administrator's failure to account is addressed through the Ley de Condominios de Puerto Rico (Ley 129-2020). Set out below are the…

Question 34

Can I keep a dog in my apartment if the condominium rules prohibit it?

Accepted Answer

The available corpus does not contain the text of your condominium's rules, nor a general provision of the Ley de Condominios (Ley 129-2020) directly governing pet ownership against prohibitions…

Question 35

I bought a used car and the engine failed within a week. Is the dealer liable?

Accepted Answer

Yes, the dealer is liable. Rule 26 of DACO's Reglamento de Garantías de Vehículos de Motor prohibits selling a used motor vehicle without a warranty and requires the seller to grant a warranty of…

Question 36

How long does the warranty on a new car last in Puerto Rico?

Accepted Answer

The minimum warranty on a new motor vehicle in Puerto Rico is **three (3) years or 36,000 miles**, whichever comes first. That period runs from the date the vehicle is delivered to the consumer.  …

Question 37

The store won't refund a defective product. What does DACO say?

Accepted Answer

Under the available corpus, DACO's Reglamento de Prácticas Comerciales establishes clear protection for the consumer when the goods sold are defective. Rule 9 of Reglamento 9158 provides that the…

Question 38

A repair shop charged me for work I didn't authorize. Do I have to pay?

Accepted Answer

No, you do not have to pay for a repair you did not authorize, provided you are dealing with a shop that does not operate under a government fleet-vehicle contract. The available context contains provisions…

Question 39

How do I file a complaint with DACO, and how long does it take?

Accepted Answer

Under the available corpus, filing a complaint with the Departamento de Asuntos del Consumidor (DACO) does not require a single official form; the procedure is governed mainly by Ley Núm. 5 de 23…

Question 40

I was overcharged on my electric bill. Who do I complain to?

Accepted Answer

Under the available legal framework, the procedure for disputing an electric bill you believe is incorrect is governed mainly by the **Ley para Establecer Requisitos Procesales…

Question 41

I bought something online, it never arrived, and nobody answers. What can I do?

Accepted Answer

Based on the nodes retrieved for this query, the available information is not enough to fully answer your question about an online purchase that never arrived and the seller's failure to respond to…

Question 42

A collection agency calls me at all hours and threatens me. Is that legal?

Accepted Answer

Constant, threatening calls from a collection agency **are not legal** under Puerto Rico regulations. The Reglamento sobre Agencias de Cobros of the Departamento de Asuntos del Consumidor (DACO) prohibits…

Question 43

I was served with a credit card lawsuit. What do I do if I can't pay?

Accepted Answer

You have been sued over a credit card debt and are in a financial situation that prevents you from paying. The general applicable framework and the available options are explained below. ## Framework…

Question 44

Can they garnish my wages over a debt, and how much can they take?

Accepted Answer

## Answer Yes, your wages can be garnished (wage attachment or withholding) to collect a debt, but the amount that can be withheld depends on several factors, including who the debtor is (public or…

Question 45

I owe a lot of money. Is filing for bankruptcy worth it, and what do I lose?

Accepted Answer

# General considerations on bankruptcy in Puerto Rico The decision to file for bankruptcy depends on multiple factors, including the type of debts you have, your assets, your income, and your financial goals. A…

Question 46

After how many years does an old debt become time-barred in Puerto Rico?

Accepted Answer

Under the framework retrieved for this query, the general limitations period for personal actions in Puerto Rico is fifteen (15) years under the prior Civil Code, applicable to contracts and…

Question 47

The bank is going to take my house because I stopped paying the mortgage. Can I prevent it?

Accepted Answer

# Protection against foreclosure of your primary residence in Puerto Rico Ley 184-2012, known as the "Ley para Mediación Compulsoria y Preservación de tu Hogar en los Procesos de Ejecuciones de…

Question 48

I got a ticket that isn't fair. How do I challenge it?

Accepted Answer

# How to challenge an administrative fine in Puerto Rico The procedure for challenging an administrative fine depends on the agency that issued it, but in general terms you have two routes…

Question 49

I had an accident and the other driver has no insurance. Who pays for the damage?

Accepted Answer

Under the available corpus, the answer depends on several factors: the type of vehicle involved (official or private), whether you carry collision coverage, and whether either party was at fault or negligent. A…

Question 50

What happens if I'm caught driving with an expired license?

Accepted Answer

If you are stopped driving with an expired driver's license, the consequences depend on how much time has passed since it expired and on whether you have complied with the fine payment plan. Article 3.14 of the…

Question 51

What is the deadline to appeal a final judgment of the TPI to the Court of Appeals?

Accepted Answer

The deadline depends on the type of proceeding in which the judgment was entered: 1. **Summary labor proceeding (Ley Núm. 2-1961):** the appeal period is **ten (10) days**, jurisdictional, running from…

Question 52

What does Rule 36 require for summary judgment, and what is the standard of review on appeal?

Accepted Answer

## Requirements of Rule 36 of Civil Procedure for summary judgment Rule 36 of the Puerto Rico Rules of Civil Procedure sets out the requirements and the mechanism for a court to enter…

Question 53

When does certiorari lie instead of an appeal?

Accepted Answer

*Certiorari* lies instead of an appeal in the following principal situations, under the available corpus: 1. **Conviction on a guilty plea in criminal cases.** In those cases, the…

Question 54

What effect does a timely motion for reconsideration have on the appeal period?

Accepted Answer

Timely filing of a motion for reconsideration tolls the period to seek judicial review, which starts to run again once the agency resolves the reconsideration or the period…

Question 55

What are the requirements for valid service of process, and what happens if it is defective?

Accepted Answer

## Requirements for valid service of process Service of process is the procedural mechanism by which the court acquires jurisdiction over the person of the defendant. The core requirements are set out in the…

Question 56

What is the permissible scope of discovery under the 2009 Rules of Civil Procedure?

Accepted Answer

The scope of discovery under the 2009 Rules of Civil Procedure, under the provision retrieved in this turn, allows the parties to obtain information on any non-privileged matter that…

Question 57

When can a complaint be dismissed with prejudice for the plaintiff's inaction?

Accepted Answer

Under the available corpus, a complaint may be dismissed with prejudice for the plaintiff's inaction only on a **second dismissal** for lack of diligence in service of process, under Rule…

Question 58

What distinguishes an appealable partial judgment from an interlocutory order?

Accepted Answer

What distinguishes an appealable partial judgment from an interlocutory order is the **express certification of finality** required by Rule 42.3 of the Rules of Civil Procedure. In procedural law…

Question 59

What are the elements of a cause of action for unjust dismissal under Ley 80?

Accepted Answer

## Elements of a cause of action for unjust dismissal under Ley Núm. 80 To establish a claim under the Ley Sobre Despidos Injustificados (Ley Núm. 80 de 30 de mayo de 1976, según enmendada), the…

Question 60

How is the mesada (Ley 80 severance) calculated after the 2017 labor reform?

Accepted Answer

Under the available corpus, calculating the mesada under Ley Núm. 80 de 30 de mayo de 1976, as amended by the "Ley de Transformación y Flexibilidad Laboral" (Ley 4-2017), is governed by the current text of…

Question 61

What is the prescriptive period for an unjust dismissal claim after Ley 41-2022?

Accepted Answer

The prescriptive period for an unjust dismissal claim **under Ley Núm. 80 de 30 de mayo de 1976, según enmendada**, following the enactment of Ley 41-2022, is **three (3) years** from the effective date…

Question 62

What constitutes just cause for dismissal under Ley 80 according to the case law?

Accepted Answer

Under the available corpus, Ley Núm. 80 de 30 de mayo de 1976, según enmendada (Ley 80), expressly defines just cause in its Article 2, and the case law of the Supreme Court of Puerto Rico (TSPR) has…

Question 63

What is the burden-shifting framework in an employment discrimination case under Ley 100?

Accepted Answer

## Evidentiary framework in joint claims under Ley Núm. 100 de 30 de junio de 1959 (Ley contra el Discrimen en el Empleo) and Ley Núm. 80 de 30 de mayo de 1976 (Ley sobre Despidos Injustificados) The framework…

Question 64

What are the elements of a retaliation claim under Ley 115?

Accepted Answer

Under the available corpus, the summary of Ley Núm. 115-1991 states that it prohibits an employer from retaliating against an employee for offering testimony, expression, or information in a legislative forum,…