Ending a rental contract

Overview

There are two different situations tenants usually mean by 'ending a contract': leaving before the agreed term is up (desistimiento), and simply not renewing when the contract's term or an annual extension ends. The rules and notice periods are different for each.

Requirements

• To leave early, you must generally have been in the property for at least six months
• You must give your landlord at least 30 days' written notice before you intend to leave
• An early-leaving penalty only applies if it was written into your contract — if the contract is silent on it, none is owed

Step-by-step process

• Check your contract for any clause about leaving early and what penalty, if any, it specifies
• Notify your landlord in writing at least 30 days before your intended move-out date — a burofax (certified letter) gives you a clear, provable record
• Agree a move-out date and complete a check-out inspection, ideally comparing it against your move-in inventory
• Request your deposit back once the property has been handed over

Required documents

• Your written notice (burofax recommended)
• Your original signed contract
• Move-in and move-out inventory records

Common mistakes

• Leaving without giving the required 30 days' written notice
• Assuming no penalty applies when the contract actually includes an early-termination clause
• Only notifying the landlord verbally, leaving no evidence of when notice was given

Practical tips

• If your contract includes a penalty clause, it's usually calculated as one month's rent per remaining year left on the contract, reduced proportionally for partial years
• If you're past your contract's first 12 months and into an annual extension, the six-month rule no longer applies — you can give 30 days' notice at any point

How Tuchati can help

Tuchati can help you work out whether a penalty applies in your specific case, and help you prepare the written notice correctly.