What should I do in the event of a breach of the rental contract?
The rental contract is an agreement between the landlord (owner) and the tenant (tenant) and is governed by the autonomy of the will, i.e. the will of the parties. Therefore, the clauses of a lease become indispensable and necessary to regulate the various legal consequences, and of course also to establish the regulation in case of breach of the lease.
Today we will briefly explain what to do in the event of a breach of the rental contract, in various situations:
- The tenant who decides to unilaterally break the contract without the end of the term of the contract or delay in payment can be sued by the owner and the latter has the right to claim compensation (the judge will be responsible for establishing the exact amount if there is no agreement between the parties). The landlord is therefore entitled to claim compensation.
- The owner who decides to unilaterally break the contract, even in case of major causes, cannot leave the flat unilaterally because it is considered a breach of contract and is obliged to pay the corresponding compensation. Therefore, the tenant has the right to sue the tenant and receive compensation.
Is it possible to terminate the rental contract early, i.e. before the end of the contract?
The answer is yes, but is always subject to compliance with the law, in the absence of agreement between the parties.
In the event that the tenant wishes to leave the property due to a change of address, the tenant must notify the owner at least one month before the end of the year of the contract. Otherwise, there will also be consequences for non-compliance with the rental contract.
It is important to know that if the parties have not agreed anything, it will be understood that the contract has a duration of 1 year.
The same rule would apply for contracts of indefinite duration.
The law also gives a benefit to the owner, and that is that after 1 year of rent is not extended the contract if the owner needed the property to use it for permanent housing for himself or his relatives in the first degree of consanguinity or by adoption or for his spouse in cases of final judgment of separation, divorce or marriage annulment.
If you need to solve any doubt, do it here.
Contact us, and our lawyers specializing in civil law will study your specific case.
At Forcam Abogados we have offices in Barcelona, Tarragona, Reus and Tarrega.
Today we will briefly explain what to do in the event of a breach of the rental contract, in various situations:
- The tenant who decides to unilaterally break the contract without the end of the term of the contract or delay in payment can be sued by the owner and the latter has the right to claim compensation (the judge will be responsible for establishing the exact amount if there is no agreement between the parties). The landlord is therefore entitled to claim compensation.
- The owner who decides to unilaterally break the contract, even in case of major causes, cannot leave the flat unilaterally because it is considered a breach of contract and is obliged to pay the corresponding compensation. Therefore, the tenant has the right to sue the tenant and receive compensation.
Is it possible to terminate the rental contract early, i.e. before the end of the contract?
The answer is yes, but is always subject to compliance with the law, in the absence of agreement between the parties.
In the event that the tenant wishes to leave the property due to a change of address, the tenant must notify the owner at least one month before the end of the year of the contract. Otherwise, there will also be consequences for non-compliance with the rental contract.
It is important to know that if the parties have not agreed anything, it will be understood that the contract has a duration of 1 year.
The same rule would apply for contracts of indefinite duration.
The law also gives a benefit to the owner, and that is that after 1 year of rent is not extended the contract if the owner needed the property to use it for permanent housing for himself or his relatives in the first degree of consanguinity or by adoption or for his spouse in cases of final judgment of separation, divorce or marriage annulment.
If you need to solve any doubt, do it here.
Contact us, and our lawyers specializing in civil law will study your specific case.
At Forcam Abogados we have offices in Barcelona, Tarragona, Reus and Tarrega.