Although currently, as the housing market is, many tenants try to extend their rentals as long as possible and They can stay in the home for up to 5 yearsit also happens that sometimes they have to leave the home before the contract ends. In these cases, they should know that the law provides that they may have to compensate the landlord.
The Urban Leasing Law (LAU) recognizes the tenant’s right to withdraw from the rental early, but establishes certain conditions for this. Specifically, article 11 states that the tenant may leave the home once at least six months have passed since the signing of the contract.
To do this, the tenant must notify the landlord at least thirty days in advance. In this way, the owner has a margin to look for a new tenant or reorganize the rental of the home.
The landlord can only demand compensation if that clause is signed in the contract.
It must be taken into account that although the regulations include possible compensation to the landlord if the tenant leaves the rented home early, this does not automatically apply for the simple fact of leaving the apartment early. For the owner to claim it, there must be a specific clause included in the rental contract that includes it.
In addition, the regulations set limits on this economic compensation and establish how it should be calculated. The amount will be equivalent to one month’s rent for each year of the contract that remains pending, applying the proportional part when less time remains.
For example, if a tenant leaves the home when there are still two full years left on the contract and such a clause exists, the owner may claim two monthly rent payments. If there are only six months pending, the amount will be calculated proportionally.