There are many reasons to terminate your rental agreement before it expires: you need to return to London as a matter of urgency, you have found a larger flat or one closer to your work, the rent seems excessive, etc. To comply with Spanish law, you need to follow a few simple rules for terminating your flat rental contract. But how do I cancel a rental contract in Spain?
Notice period: prerequisite for termination of the rental contract
Spain requires notice before you break a rental lease. The notice period is 1 month and, if possible, should be sent by registered mail or instantly, so that proof of the date of sending can be retained.
The tenant does not incur any penalty if the desired departure occurs after the first 6 months of the tenancy. Obviously, you should read the clauses of the contract carefully to be sure. Some landlords set a minimum term: in this case, the tenant must pay one month’s rent per year, or pro rata for the remaining days if the term is expressed in months.
The important thing to remember is that there may be penalties if you do not stay the minimum time stipulated in the contract. If you do, you can move to another flat or buy your own place with peace of mind.
Reasons about termination of lease agreement by tenant
There are a number of specific cases that can lead to the tenant’s departure: if the landlord does not fulfil his obligations, if the works take a long time or if he feels inconvenienced, he can terminate the contract.
Termination of lease agreement by landlord
The landlord has obligations and rights: If, despite several reminders, the tenant does not pay the rent due, if the property is to become the tenant’s main residence or if works are carried out without the agreement of the landlord, the tenant can be notified.
Leaving early: the penalties you are exposed to
As we have seen above, in some cases, penalties may apply if you terminate the rental agreement for several months or a year before the end of the contract. The rules are different for seasonal rentals.
The most common cases of penalties are :
- Leaving before the first six months: In this situation, the rent for the remaining months is due. If you leave after 4 months, you will owe the landlord 2 months’ rent, plus the penalties foreseen in the rental contract.
- If the rental agreement was drawn up for 2 years, the penalties will be equal to 6/12ths of a month’s rent, plus the rent due to complete 6 months’ rent.
- When additional penalties are stipulated in the contract.
When you leave, you will get your deposit back, and if applicable, provided, of course, that you have not damaged the property and have paid the full rent. As a property management agency in Barcelona, Loca Barcelona works alongside its clients to manage conflicts between landlords and tenants and to help each of them navigate the regulations, which can be a little confusing for those who are not in the profession.
On Loca Barcelona we can help you with all your real estate transactions. We can answer any questions you may have, even help you move and find another property in Barcelona. Talk to an advisor about your plans, set your criteria and start visiting properties.