Cancelling a lease before it expires

Cancelling a lease before it expires

The excitement of moving into a new home, with new roommates, in a neighborhood/city you don’t know, often plays tricks on you, and you may find yourself in the situation where we no longer want to continue with the contract we so joyfully entered into a few years earlier!

Lease termination is a much-discussed practice, but it is often underestimated when entering into a lease, so we want to tell you how it works so that you are not unprepared when the time comes (whether you need to enter into or terminate a lease).
Termination of the contract can be either by the homeowner or the tenant. The former case is much rarer, as the landlord has much more interest in keeping the house rented for as long as possible, and also the law tends to protect the tenant more, so that he or she does not end up“out on the street“!

Cancellation de parte del proprietario:

Law 431/98 requires the landlord to wait until the end of the lease to proceed with a termination, this furthermore, must be done with 6 months notice, by registered mail. In the case of 4 + 4 contact , termination can be made at the end of the first 4 years by sending the registered letter within 6 months of expiration.

The aforementioned law, provides for extraordinary cases in which the landlord can still request termination of the lease, for example Whether the property will be used for private or family use, whether it is being sold, or whether extraordinary maintenance is to be carried out That may affect the security of the building.

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Termination by the tenant:

A tenant can terminate a lease at any time, but he or she must be very careful about how he or she communicates the termination and the timeline to be followed.

unless otherwise specified on the lease, the law stipulates that the notice period for termination is six months. However, in 4 + 4 contracts this time is often reduced to three months (request this clause when signing the lease)

termination of the lease must be made only by registered mail with return receipt and must contain serious reasons that forced you to request termination of the lease. You can find facsimiles online to take inspiration from, but remember that the reasons must be valid and true. In addition, to terminate a lease early, you have to pay a fee of about 70 euros. You can propose to the homeowner to pay it 50% , he will probably agree in case you both benefit from the termination.

READ: The legislation dealing with how to terminate a lease is Article 4 , of Law 392/78. In addition, it is important to keep in mind that the tenant is obligated to pay the 6 months’ notice, even if he/she returns the property, with the sole exception of the case when the property is re-rented (Supreme Court Ruling No. 25136 of 11/27/2006).

– MONTHLY PAYMENTS : the law requires the tenant to pay all the monthly payments, until the end of the contract, and then receive the deposit when the months of notice expire. However, it is possible to agree with the homeowner to scale down the last few months of the deposit, of course after verifying that the property has not been damaged during the period it was rented ( any damages are deducted from the deposit)

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