Termination of the tenancy by the landlord

We are often asked under what conditions a landlord of a property can terminate the lease before the end of the rental period if the tenant fulfils his obligations, in particular the payment of rent.

In another article, we will look at the time limits set out in the Urban Leases Act. Today it is important to highlight that if after the first year of the contract and provided that it is a natural person and not a company, the landlord needs the rented property either for himself or for his first-degree blood relatives or for his spouse, he can reclaim the property. In the event of a final divorce decree, the landlord could also claim the property for him or the spouse.

The procedure for this early termination of the contract is to inform the tenant at least two months before the date on which the rental property is needed, stating the reason or reasons for the need to use the property.

However, if three months after the tenant has actually vacated the property, the landlord or his above-mentioned relatives have not occupied the property, the tenant may, within thirty days, choose whether to re-occupy the rented property for a new period of up to five years or to receive compensation of a monthly amount for each year remaining until the completion of the five years. If the occupation by the landlord has not taken place due to force majeure as defined by the law, then this must be proved.

For more information contact Despacho Lamas law firm in Palma de Mallorca. Our contact details are: +34 971 720 202,    jaimelamas@despacholamas.com


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