When the relationship of a landlord with his tenant reaches a critical point -problems of coexistence with the rest of the neighbors, non-payment of rent or other assumptions- it is possible that the landlord considers the possibility of terminating the tenant's contract. Is this possible? In what cases can it be carried out? In this sense, it is necessary to separate several concepts that must be taken into account.
In the first place, it should be noted that the legislation seeks, in general terms, to protect the tenant. This means that the tenant has the right to withdraw from the rental with few limitations, an option that is regulated in article 11 of the Urban Leasing Law (LAU).
“The tenant may withdraw from the lease, once at least six months have elapsed, provided that he notifies the landlord at least thirty days in advance. The parties may agree in the contract that, in the event of withdrawal, the tenant must compensate the lessor with an amount equivalent to one month of the rent in force for each year of the contract that remains to be fulfilled. Periods of time less than a year will give rise to the proportional part of the compensation”, according to Article 11 of the Urban Leasing Law.
To do this, they set as requirements that at least 6 months of the contract have been consumed, a 30-day notice by the tenant. This means that if the tenant wants to break the contract before the sixth month of validity, he can do so, but we will not be before a withdrawal, but rather a breach of contract. A situation that will imply more negative consequences for the person who has leased the property and even sanctions if this is included in the contract.
In the event that it is the owner who wants to terminate the contract to his tenant, there are also alternatives. However, it should be noted that the contract can never be terminated before the end of the agreed time if it is not for any of the reasons established by the LAU. In the case of housing rental, the minimum number of years of a contract is 5 years if the lessor is an individual and 7 years if it is a legal person.
What reasons can the landlord give to carry out the termination? The lack of payment of the rent or, where appropriate, of any of the amounts whose payment has been assumed or corresponds to the tenant; failure to pay the amount of the deposit or its update; sublease or transfer without consent or the performance of damages caused intentionally in the property or works not consented to by the lessor when the latter's consent is necessary.
In addition, when annoying, unhealthy, harmful, dangerous or illegal activities take place in the dwelling, the tenant's contract may be terminated, as well as when the dwelling is no longer primarily intended to satisfy the tenant's permanent need for housing or who was actually occupying it.
To these reasons we must add that there is a specific and extraordinary assumption to terminate a rental contract. In this case, when the owner needs to recover the home to use it as a primary residence.
If this occurs, the Urban Leasing Law establishes that the owner can exercise his right to terminate the lease if one year has elapsed since the rental relationship began and provided that the property is to be used as a habitual residence. for himself or his first-degree family.
If the contract is terminated because the dwelling is required for personal use, the owner must notify the tenant at least two months in advance. Despite the fact that the law does not indicate absolutely anything about how to communicate this fact, the most advisable thing is always to do it in writing, or by any means in which the shipment is recorded.
After notification, the tenant must leave the house, although it is possible to postpone the departure date if both parties manage to reach an agreement. However, if after terminating the rental contract, the landlord or his relatives have not moved into the dwelling within 3 months, the tenant has the right to rent the property again within 30 days or demand compensation. compensation for the inconvenience caused.
