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Is it possible for the landlord to terminate the rental agreement?

Updated: Jan 31

The usual thing is that a housing rental contract is maintained until the time agreed by the parties therein has elapsed. However, both the tenant and the owner are empowered to request the resolution of the lease.


When can a landlord terminate a rental agreement?


In order to provide greater security to the person who rents a house to live in it, the cases in which the rental contract can be terminated by the owner are established in the Urban Leasing Law (LAU). Outside of the legally established cases, it is not possible for the owner to terminate the rental contract before the agreed time expires.

Even taking all this into account, the owner of the property can take a series of protection measures in the event that the tenant fails to comply with any of his obligations, such as hiring non-payment insurance to guarantee rent. the collection of income derived from the rental of housing.


Causes that enable the owner to terminate the contract early:


Most of these causes are related to the breach of obligations. The cases foreseen in the LAU are the following:


1. Unpaid rent and any other amount


2. Failure to pay the deposit or not having paid the update of the same.


The deposit is one of the payments that the tenant is required to deposit when the contract is signed. It usually corresponds to one or two monthly rent payments and will be used in the event of non-payment or damage to the home.

According to what is established in the Urban Leasing Law, the tenant has the obligation to pay the deposit and, in the event that he does not make said payment -or does not update it-, the owner may terminate the contract.


3. Housing sublease


In order for the tenant to be able to sublet the house, this must be stated in writing in the contract with the landlord: a clause that contemplates this situation and in which it is indicated that the tenant has permission to sublet the house, either in its entirety or by rooms.

As indicated in article 27 of the LAU, which regulates rental contracts, sublease of the property without the prior consent of the owner is grounds for rescinding said contract.


4. Carrying out works in the home without authorization or damages caused


Another of the reasons for which the termination of the rental contract may be carried out is that the tenant voluntarily damages the home. We also include in this section the performance of works within the property not consented to by the owner.

In order for the tenant to carry out any work that modifies the dwelling, a written permit must have been granted and signed by the owner. In the event that works are carried out that modify the stability, appearance or security of the leased dwelling without consent, the contract may be terminated.


5. Carrying out annoying, unhealthy, harmful, dangerous or illegal activities inside the home.


Any type of activity that is considered annoying or dangerous carried out in the home may be the cause of the termination of the contract. In addition, the owner may terminate it when the cleanliness or sanitation is poor, as well as when the tenant's actions bother the neighbors and they express their complaints.

Also included in this section is the fact of renting the property as a home and using it to carry out other different activities, for example, a business activity.


6. Non-consensual sublease


In order for the tenant to be able to sublet the house, this must be stated in writing in the contract with the landlord: a clause that contemplates this situation and in which it is indicated that the tenant has permission to sublet the house, either in its entirety or by rooms.

As indicated in article 27 of the LAU, which regulates rental contracts, sublease of the property without the prior consent of the owner is grounds for rescinding said contract.



The special case of the need to recover the dwelling in order to make use of it


In addition to the above, there is still one more cause that can lead to the owner terminating the rental contract.

The LAU establishes that, after one year from the beginning of the lease, the owner can terminate the contract if he needs to use it as a permanent home for himself or for his first-degree relatives, either by blood or adoption. And even if he needs it for his spouse in case there is a final judgment of separation, divorce or marriage annulment.

In this case, the owner must inform the tenant of the termination of the contract at least two months in advance. The law does not indicate anything specific regarding the notification, but it is always advisable to do it through a burofax, so that the communication is recorded.

If after three months from the notification of the termination, the owner or his relatives have not settled in the home, the tenant has the right to rent the property again within a period of 30 days or to claim compensatory damages.


Termination of the contract by the tenant


In addition to what is established in the previous section, the tenant may opt for the termination of the lease once 6 months have elapsed since its entry into force. This means that the first 6 months of duration are mandatory.

In these cases, it can be regulated in the contract that the tenant compensates the owner with an amount of one month's rent for each year that remains to be fulfilled of the contract or proportional part.

If a married couple lives in the apartment and one of the spouses wants to terminate the contract and the other does not, the contract may continue for the latter spouse, who must communicate the desire to continue renting to the owner.



What to do if you want to terminate your rental agreement?


To terminate the lease in advance, you can follow the following steps:

  • Analyze the contract you signed, especially the regulation that is established and the possible compensation in case of early termination.

  • Consult a lawyer specializing in real estate issues, to analyze your rights and obligations.

  • If the resolution is possible, talk to your tenant, who must send you a reliable communication (burofax with acknowledgment of receipt and text certificate).

  • Sign an agreement to terminate the rental contract with the tenant so that they return the keys and you return the legal deposit and other guarantees, unless they have to be applied to a breach of the contract.

What if the tenant does not accept the resolution?


In the event that the tenant does not accept the resolution of the contract ahead of time, there will be no choice but to go to court. A process will then be developed in which it will be sought to demonstrate that, in fact, the tenant has incurred in a breach of his obligations or that the owner needs to make use of the property for himself or for his relatives.


Going to court always makes the process take longer. Many times it is best for the parties to be well advised and negotiate with each other to reach an agreement that is beneficial to both, signing a rental termination contract and handing over the keys. For this reason, in these cases it is highly advisable to have specialists in Civil Law from the beginning.


Source : https://www.das.es/blog/se-puede-rescindir-el-contrato-de-alquiler-por-parte-del-propietario/


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