31 Jul

When indemnify the lessor and when not

The problem with this regulation is what the LAU and only allows withdrawal for contracts longer than 5 years, but not for those of shorter duration.

Consequently, unless the contract includes the possibility of waiver by the lessee is collected, breach of contract arises and therefore the landlord’s right to enforce or terminate the contract, with compensation for damages in both cases (claiming all income remaining until the end of the contract resulting from the loss, unless profit is shown that the property was rented shall then march tenant, having to pay only the months that mediate between his departure and entry the new tenant).

However, if the withdrawal of the tenant was due to causes beyond its control shall not compensate the lessor , then, in accordance with article 1105 Cc, nobody responds to those events which could not have been foreseen or provided for, were inevitable.

As for the unilateral withdrawal of the tenant, contracts entered into after June 6, 2013 can only be referred under Article 11 where:

  • Have passed at least 6 months and
  • Communicate the withdrawal to the landlord with at least 30 days

Therefore, once completed 6 months of contract and communicating with at least 30 days before the withdrawal, and not 5 years and 2 months under the previous regulations, the lessee may withdraw. And with regard to compensation has not been changed.

As in contracts entered into prior to June 6, 2013, if the landlord wanted to leave the house, now in the previous 6 months period, the same rate mentioned above for the case of non-compliance applies.

Finally, note that the DT1 of LFAV allows, after the agreement of the parties, adapt contracts concluded before June 6, 2013 the new regime LAU diet the legislature intended to make it more flexible, enhancing the free will of the parties, promoting, thus promoting rental housing, thus avoiding speculation on the sale of real estate.

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