How to terminate a lease early

At each stage of life we have different needs and different conditions: different salaries, jobs in other cities, people with whom you are going to share an apartment change, etc. All these changes often occur from one day to the next, without expecting it. Therefore, one of the great advantages of living in a rented apartment is the possibility of moving from one apartment to another whenever necessary. Or, simply, whenever you feel like it.

When you find yourself in this type of situation, you should be aware of what it entails and what you have to do: in particular, the procedures you have to follow to terminate a rental contract before it has ended. If you are in this situation, pay attention to the post, which explains all the steps to follow (depending on each situation). If you are not in this situation, read and remember this article so that your next change in life does not catch you off guard.

To be able to do this, first of all, a minimum of six months must have passed since the signing of the lease. Again, we must remember to give 30 days notice to the landlord.

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Whether you have a rented property or you live in a rented property, you may be wondering whether the landlord or the tenant can terminate the lease before the end date of the lease. Given the repeated doubts about this problem, in this article we are going to explain in which cases the rental contract can be terminated early, whether it is the owner of the property who wants to end the lease, or the tenant who wants to leave the property before the end of the signed period.

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In order to answer the question “In which cases can a rental contract be terminated early? we must refer to the Urban Lease Law. This law, which has undergone several modifications over time, sets out the cases in which a lease can be terminated early.

The Urban Leases Law (LAU) establishes that “the breach by any of the parties of the obligations resulting from the contract will entitle the party that has fulfilled its obligations to demand the fulfillment of the obligation or to promote the termination of the contract in accordance with the provisions of article 1,124 of the Civil Code”. This means that if the lessor or the lessee fails to comply with any of the points signed in the rental contract, the other party that is complying with its obligations can demand that the signed contract be fulfilled or that the rental contract be terminated before the fixed period due to the failure of the other party to comply with the contract.

Can I terminate a lease without paying a penalty?

Anonymous27 March 2013, 21:59Hi Elena,First of all thank you for your answer.The truth is that we are quite worried because they want to keep the deposit (2 monthly payments of 450€).What I do not understand is why I have to pay for something that I have not used (we have only been 2 days cleaning)And we can not argue that the state of the apartment was not correct? They didn’t give us the keys until 5 days after signing the contract and little by little we noticed all the faults in the house (a stove in the kitchen didn’t work, a towel rack was attached with a toothpick, the toilet was leaking, and several other things…). What I thought was that the deposit was for damages or for the monthly payments or unpaid bills… Best regards and thank you.

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Thinhinane khennache25 November 2019, 18:50Hi! My query is somewhat similar…. I am living in a domicile which the contract is ending in three months, the same tenant I have now offered me another apartment, in this one there were still tenants but they were going to leave in December, I liked the apartment very much so we signed the contract to enter the new apartment on December 1, with five days left the tenants of the “new” apartment have communicated to the real estate agency that finally they are not moving.What happens to my contract? Do I have any rights in this case? Thank you!

Grounds for terminating a rental agreement

As a general rule, a landlord or tenant cannot terminate the lease before the agreed time. It can only do so exceptionally if some of the following requirements set forth in the Urban Leases Law (LAU) are met.

Before signing a rental contract, both the landlord and the tenant must review it very well, check their obligations and verify that everything they have previously agreed upon is included in the contract.

The duration of the lease is one of the issues that should be clearest in that document, since once signed, neither the landlord nor the tenant can terminate the lease early without just cause.

It is recommended that the communication of the dissolution of the contract by the lessee to the owner be made in a reliable manner, through a means that leaves documentary evidence that it has been made within the term established by law (for example, a burofax).