According to Article 27 of the Ley de Arrendamientos Urbanos (LAU), in order to terminate a rental contract early, one of the parties must have breached the obligations agreed upon in the contract, which gives the breaching person the right to request early termination.
Reasons for early termination of a rental contract
Both the owner or landlord and the tenant or lessee may have valid reasons for terminating a rental contract early:
Reasons for the owner
- Non-payment of rent: If the tenant defaults by not paying the rent, the contract may be considered to have been breached. It is important to specify in the contract the number of months of non-payment that will lead to termination..
- Damage to the property or carrying out unauthorized works: Intentionally causing serious damage to the property or carrying out work not authorised by the landlord may be grounds for termination of the contract.
- Annoying or illegal activities: If the tenant carries out activities that disturb coexistence or are illegal, the owner can terminate the contract.
- Non-consensual subletting or assignment: Subletting or assigning the contract to a third party without the landlord’s consent may result in termination of the contract.
If early termination by the owner is allowed, notice must be given at least 30 days in advance or as agreed in the contract.
Reasons for the tenant
- Landlord’s refusal to make necessary repairs: If the landlord refuses to make necessary repairs to keep the property in a habitable condition, the tenant can terminate the contract. Unless the deterioration is the tenant’s fault.
- Disturbances in the use of the property: If the owner does not allow peaceful use of the house or if disturbances occur, the tenant can request termination of the contract..
It should be noted that in the case of a temporary rental contract, the tenant cannot terminate the contract at will. They must respect the agreed deadline and, if they need to make changes, they must notify the owner and negotiate with him.
In general, the termination of a rental contract can be due to various reasons that affect both the owner and the tenant. However, it is always advisable to seek an amicable solution and reach an agreement before resorting to legal termination.
How does DFLAT Madrid avoid the early termination of a rental contract?
DFLAT markets properties through secure channels such as B2C, B2B, moving agencies, relocation and its own channels.
We work with human resources departments of high-profile companies and business schools to offer corporate apartments. We maintain a low cancellation rate and a high reoccupancy capacity.
If you have an apartment for rent and are looking for a manager for apartment owners in Madrid to maximize your income, do not hesitate to contact us.