This time, Metrocuadrado.com brings you a guide when a landlord (owner) or a tenant wants to terminate the lease of a home.
According to the Bogota Real Estate Exchange, Law 820 of 2003 identifies the causes, among them, that the tenant does not pay the canon and the readjustments within the term stipulated in the contract. To this he adds the following:
• When utilities are not paid for and therefore cause disconnection or loss of service.
• In the event that the property is fully or partially sublet, or the contract or its enjoyment is transferred.
• It is also grounds for termination of the lease if you change the use without authorization from the landlord. The repeated incursion of the tenant in actions that affect the tranquillity of the neighbours is on the list. Likewise, if the home is used for criminal acts that imply contravention and that are verified before the police authority.
• No improvements, changes or extensions can be made without the endorsement of the lessor. Worse still, if the tenant totally or partially destroys the property.
• If the tenant violates the rules of the horizontal property regulations, obviously if they are homes subject to that regime, the contract can also be terminated.
• When the leased property is put up for sale or there is a need to rebuild, repair or build it.
• The lessor may also cancel it unilaterally during the extensions, with prior written notice addressed to the tenant through the authorized postal service, with no less than three (3) months in advance, which, in any case, obliges to pay compensation equivalent to the price of three months’ rent.
The tenant also has rights
The Law also determines in article 24 grounds for termination of the rental contract by the tenant:
• When the landlord deliberately suspends the provision of public services. 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 the lessee.
• If there is repeated incursion of this in conduct that seriously affects. the enjoyment by the tenant of the rented dwelling.
• When it does not take into account the rights of the person who lives in the house or apartment, according to the Law. The tenant may unilaterally terminate the contract within the term that is also stipulated for the landlord.
Once these conditions are fulfilled, the lessor will be obliged to receive the property; if it does not do so, the lessee may make provisional delivery through the intervention of the competent authority, without prejudice to resorting to the corresponding legal action
• The tenant may unilaterally terminate the lease on the expiration date of the initial term or its extensions, as long as he gives prior written notice to the lessor through the authorized postal service, no less than three (3) in advance. ) months to the aforementioned expiration date. In this case, the tenant will not be obliged to invoke any cause other than that of his full will, nor will he have to indemnify the lessor.
If there is no written record of the notice, the lease will be understood to be automatically renewed for a term equal to that initially agreed.