Unilateral termination by the lessee is a Spanish legal instrument that entitles lessors of real estate to terminate a lease contract early. This as a right and in a differentiated manner according to the nature of the property, since it only applies to dwellings.
We are talking about any type of urban lease, for residential purposes. This is established in the Urban Leasing Law (LAU), which regulates the matter through Article 11, which we will address immediately. Therefore, we invite you to analyze together its scope and contributions.
Characteristics of unilateral cancellation by the lessee
As established in article 11 of the law (LAU), the unilateral withdrawal of the lessee may be carried out in very specific situations. These are as follows:
- At least 6 months must have elapsed since the contract in question was entered into.
- The lessee must inform the lessor of such action at least 30 days in advance.
However, in order to protect the interests of the lessor, the law also allows the incorporation of certain indemnification elements favorable to the lessor. This is in the face of such unilateral acts of withdrawal by the lessee.
In the lease document, both parties could agree to compensations equal to a monthly payment in force for each year of non-compliance with the contract. While, for cases of less than one year, it may be done proportionally.
Effects of not complying with the requirements of the law
As mentioned above, the law establishes two requirements in order to be able to undertake the unilateral withdrawal of the lessee. We refer to a duration of at least 6 months for the contract. On the other hand, a notice period equal to or greater than 30 days also counts, but let’s take a look at what happens in the event of non-compliance.
Six (6) months minimum term of the contract
In this aspect the law is categorical, since it leaves no alternatives to the minimum existence of the contract in order to be able to carry out this action. Anyone who intends to terminate such an agreement without complying with this minimum term is simply in breach of contract.
Such a situation leaves the way open for the lessor to take the appropriate legal and indemnity actions. These could include claims in court for damages, consequential damages and lost profits.
Thirty (30) days minimum notice period
Unlike the prerequisite, the minimum 30 days’ notice is not essential. In this case, the lessee would not be exposed to legal action. You may simply be exempted from liability by paying the corresponding money.
Commercial leases and termination of the lease contract
This law (LAU) only applies in those situations where the property is intended to be used as housing. This means that, for other uses, such as those destined for commerce, it only applies exceptionally and under the following assumptions:
- Situations that have arisen. They involve all those unexpected situations that, as a result, prevent the debtor from being able to continue with the contractual performance. The legal remedy known as “rebus sic stantibus” must be invoked here.
rebus sic stantibus
“. - This when, according to the STS (17/01/2013), an attempt is made to resolve situations of manifest legal inequality. It implies a kind of exemption from certain contractual obligations.
- Will corresponding to the parties. Article 4.3 of the LAU establishes something specific regarding leases for uses other than dwellings.These are based on the Autonomy of the Will of the Parties. In addition, they are supplemented by the Civil Code (art.1255).
- This means that the contracting parties are free to implement, among their clause provisions, the lessee’s right of unilateral withdrawal.However, it may be done only when it is not contrary to law, morality and public order.
Having seen all of the above, you now know that you have this legal instrument at your disposal whenever you need it. However, this will only be possible as long as you meet the legal requirements. So, before taking this step, make sure you do it properly, avoiding later legal actions.
