Apartment for rent: when the owner can cancel the contract immediately – Personal Finance – Economy


Having a house, apartment or any other property for rent entails several duties and rights. You as a tenant or tenant have to comply with the provisions of the law or, otherwise, you can even be evicted.

(In addition: If you live for rent in Colombia, these obligations have the owner with you: take note).

Remember that before proceeding to arrive, ideally there should be a lease. This can be oral or writtenso, however, there must be a signed paper between the parties, in accordance with Law 820 of 2003.

«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 a past conversation with EL TIEMPO.

When can the owner end the contract and ask you to hand over the property?

The owner or lessor can proceed to terminate the contract unilaterally so that you deliver the property on a certain date only if you comply with any of the grounds established in Colombian law.

Each one and a brief explanation are listed below, based on what is indicated by Law 820 of 2003 that regulates lease contracts:

  1. «The non-cancellation by the lessee of the rents and readjustments within the term stipulated in the contract.»

That is to say, It can be canceled when the tenant defaults on the agreed rental payment.

(Also read: Do you live for rent in Colombia? Find out what home arrangements apply to you and are not adequate).

Failure to pay the rent is a cause for termination of the contract.

  1. «The no shutdown of utilitiesthat causes the disconnection or loss of the service, or the payment of the common expenses when its payment is in charge of the lessee».

If for some reason you stopped paying the electricity bill and the company cut off the supply, the property owner can claim you and ask you to vacate.

  1. «The total or partial subletting of the property, the assignment of the contract or the use of the property or the change of its destination by the lessee, without the express authorization of the lessor.»

For example, a family rented a house, but one of the rooms was not occupied and decided to sublet it to someone else. The tenants are in the service of notifying the owner to find out if they agree or not, because if they do not it is a cause for termination of the contract.

(You can read: Change My House, new government subsidy: what are the requirements to receive it?).

Allocating a property for another purpose not agreed with the owner can be expensive.

In the event that you leased a property for residential use, but chose to open a store, store, among others, it may also go against the provisions of the initial contract.

  1. «The repeated incursion of the tenant in procedures that will affect the public tranquility of the neighborsor the destination of the property for criminal acts or that imply contravention, duly verified before the police authority».

Problematic tenants who have received complaints from neighbors and visits from the Police for different behaviors can have their lease cancelled. In addition, if it is established that criminal activities are carried out within the property, they may be asked to withdraw.

  1. «The making of improvements, changes or extensions of the property, without the express authorization of the lessor or the total or partial destruction of the property or area by the lessee.»

The tenant cannot modify the property, such as knocking down walls to adjust spaces, without agreeing with the owner. because it is a cause for termination of the contract.

If you make improvements to the property without an agreement with the owner, they can terminate the contract.

(Also read: Who should paint a rented apartment in Colombia: the owner or the tenant?).

  1. «The violation by the lessee of the rules of the respective horizontal property regulation in the case of homes subject to that regime.»

The owner is obliged to inform you as a competent tenant of the rules established by the administration if you live in a building or residential complex. By breaching them, they can request the delivery of the property.

  1. «The lessor may unilaterally terminate the lease during extensions, prior written notice addressed to the lessee through the authorized postal service, with a notice of no less than three (3) months and the payment of compensation at the equivalent price of three (3) month lease.

(You can read: Is it true that a free month of rent should be granted? Here we tell you).

The foregoing can be exercised by the owner if any of the above grounds is not met. In that case, you must notify him at least three months in advance and pay him three months’ rent for abruptly terminating the contract, in accordance with Law 820 of 2003.

Before reaching a termination of the contract, it is recommended that the parties dialogue and reach agreements. They can solve their problems in a conciliation center or in a House of Justice, where they will be listened to and indicate what to do in each case.

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– If you live for rent in Colombia, these obligations have the owner with you: take note.

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