Withdrawal is the possibility that the law (or the contract itself) offers the tenant to terminate the rental contract early.
The withdrawal of the tenant is regulated in article 11 of the Urban Leasing Law (LAU).
The lessee may withdraw from the lease, once at least six months have elapsed, provided that he notifies the lessor at least thirty days in advance. The parties may agree in the contract that, in the event of withdrawal, the lessee must indemnify the lessor with an amount equivalent to one month’s rent in force for each year of the contract that remains to be fulfilled. Time periods of less than one year will give rise to the proportional part of the compensation.
Article 11 of the Urban Leasing Law
Withdrawal by law
Article 11 of the LAU establishes the following as requirements for withdrawal:
That at least 6 months of contract have been consumed
30-day notice from the tenant
Minimum 6 month contract
One of the requirements for withdrawal is that the contract has lasted 6 months.
In other words, the tenant cannot claim to withdraw after the second month, but the withdrawal will only exist if the lease has been in force for at least six months.
Therefore, if the tenant wants to break the contract before the sixth month of validity, he can do so, but we will not be before a withdrawal, but before a breach of contract (which has more serious consequences).
30 day notice
The tenant has the obligation to notify the landlord of his intention to withdraw at least 30 days prior to the effective date of the withdrawal.
However, this requirement is not essential, since if the tenant does not give advance notice with that term, he will comply with said obligation by paying those days.
In other words, if the tenant tells the landlord that he is leaving the house tomorrow, he will be able to do so, but he will have to pay the landlord the 30 days’ notice that he has not respected.
