Those who live for rent in Colombia have to comply with the obligations indicated by the law and, of course, the contract that occurs with the owner of the house, apartment or any other property. If the tenant wants to terminate the lease and deliver the property early without receiving a fine, be careful because it must be in line with certain grounds.
(Also read: If you live for rent, in these cases the owner can terminate the contract immediately).
To make it clear, keep in mind that a lease is not a paper signed and even ‘authenticated’ between the parties.
“With the simple agreement of wills between the parties, the property, what it is going to be used for and the value of the lease, there is already a lease contract,” said lawyer Óscar Rivera, in conversation with EL TIEMPO.
When can the tenant end the lease without being punished with a fine?
The tenant or lessee can request the termination of the contract unilaterally only if he complies with any of the causes established by law. Each one and a brief explanation are listed below, based on what is indicated by Law 820 of 2003 that regulates lease contracts:
- “The suspension of the provision of public services to the property, by premeditated action of the landlord or because he incurs in arrears in payments that were his responsibility. In these cases, the lessee may choose to assume the cost of restoring the service and deduct it from the payments that correspond to him as a lessee.
For example, If the owner of the property had to pay the water bill and did not do so on time, resulting in a service cut, the tenant can proceed to cancel the contract.
(In addition: If you live for rent in Colombia, these obligations have the owner with you: take note).
The suspension of services at the expense of the owner may be grounds for termination of the contract.
- “The landlord’s repeated incursion into procedures that seriously affect the full enjoyment by the lessee of the leased propertyduly verified before the police authority”.
In the event that the owner is problematic and, for various reasons, is intimidating the tenants, the agreement can be terminated and the property delivered. Yes indeed, Any altercation between the parties must be based on a Police report.
Incidents caused by the owner are grounds for canceling the contract.
Luis Lizarazo. WEATHER Archive
(Also read: Do you live for rent in Colombia? Find out what home arrangements apply to you and are not adequate).
- “Knowledge by the lessor of rights recognized to the lessee by law or contractually”.
That is to say, As soon as the landlord delivers the property to the tenant, he contracts certain obligations by law. For example, the owner of the property must ensure that he is in “good state of service, safety and health.”
In the event that there is moisture due to bad pipes, the owner is the one who must take charge of the repair, since the law obliges him to “maintain” the property “in a state of serving the purpose for which it has been leased.” If you do not do so, you are ignoring the rights of the tenants and incur a cause for termination of the contract.
(Expand here: Who should paint a rented apartment in Colombia: the owner or the tenant?).
- “When prior written notice to the landlord through the authorized postal service, no less than three (3) months in advance of the aforementioned expiration date”.
In other words, when any of the aforementioned causes is not fulfilled, The tenant can also deliver the property earlier if he notifies the owner at least three months in advance. This way you get rid of paying a fine or compensating the landlord.
The advance notice also avoids fines when you want to terminate the contract.
Be careful with the clauses of the contract
(You can read: Is it true that a free month of rent should be granted? Here we tell you).
If there is a signed contract with clauses, review it very well because may contemplate a penalty for early termination of the lease.
“In the contract there may be a penal clause. The one who fails to comply is the tenant because he terminates the contract before its validity. When he fails to comply with it, he must cancel a penalty,” said Alejandro Arévalo, a lawyer specializing in civil and procedural law, for EL TIME.
You can also read:
– If you live for rent in Colombia, these obligations have the owner with you: take note.
– These workers will not receive the mid-year premium; check if you are.
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