The Rental Law confirms this: the tenant has to compensate the landlord if he or she fails to comply with these rules.

The Rental Law confirms this: the tenant has to compensate the landlord if he or she fails to comply with these rules.

The Urban Leases Law (LAU) establishes that tenants not only have rightsbut also obligations that, if not fulfilled, may lead to the payment of compensation to the landlord. These compensations apply mainly when the tenant leaves the home early, carries out work without permission or seriously breaches his or her contractual duties.

Although many tenants believe they can leave the rented apartment at any time without consequences, the law expressly regulates it and establishes when and how much the tenant must pay the landlord.

Article 11 of the LAU is clear in this regard, and establishes that the tenant can only withdraw from the rental contract after at least six months have passed, and always notifying the owner 30 days in advance. If you fail to do so, or if you leave before that time, you may have to pay financial compensation.

Article 11 of the LAU | BOE

How much does the tenant have to pay the landlord if he or she leaves the rented home early?

The aforementioned article establishes that the owner can demand from the tenant a monthly rent for each year of the contract that remains to be fulfilled, with periods of less than one year being prorated.

Furthermore, the communication to the landlord must be made in writing, recording the date on which the intention to end the contract is notified. Otherwise, the owner can claim both the outstanding rent and compensation for early withdrawal.

Other compensation that the landlord can claim from the tenant

Although leaving the home early is usually the most common case, the law contemplates other scenarios in which the tenant will have to compensate the landlord:

  • Unauthorized works (article 23): If the tenant carries out works without the written consent of the owner, the owner may demand that the home be returned to its original state or keep the changes without paying anything.
  • Serious breach (article 27): If the tenant does not pay the rent, causes damage or carries out annoying or illegal activities, the owner may request termination of the contract and financial compensation for the damages suffered.