Desistimiento
ending the lease early
Definition
Desistimiento is the tenant's right to walk away from a residential lease before its term is up. Under the LAU you may do this once at least six months have passed, giving the landlord at least 30 days' written notice.
Why it matters
The right exists whether or not the contract mentions it. A clause saying you owe the whole remaining term does not override it.
Compensation is capped and conditional: the landlord can claim it only if the contract expressly provides for it, and at most one month's rent for each year still to run, pro rata for part-years. No clause, no compensation.
The notice is what makes the date real. Written, dated, and sent so you can prove it arrived — a WhatsApp conversation without a clear date is where these cases get messy.
Where this comes up
Related terms
Sources
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