What are the deadlines for reporting a lease contract?
Termination of a lease contract before the end of the term is possible. However, this involves meeting certain notice periods to notify in advance your intention to terminate the lease, whether you are the tenant or the landlord. But what are the deadlines to meet in each case and each contract?
Are you having questions regarding lease? The credit intermediaries from Savings of the Minute are available to help you with your doubts and/or proceed with the hiring of any product you may need. To learn about the deadlines for communication of termination, keep reading the article.
How to report a leasing contract?
A lease agreement can be terminated by notice through written form, by registered letter, whether by the tenant or the landlord.
To do this, it is necessary to send a registered letter that clearly identifies the sender, recipient, and reason for terminating the contract.
Attention: When sending the registered letter, it is essential to keep a copy of it and its respective registration, so that you can have a proof of it.
What are the deadlines for reporting depending on the type of lease contract?
The termination of a lease contract before the end of the term can only be effective if the termination is notified with a certain period of notice, which varies according to the type and duration of the contract and whether it is the landlord or the tenant who terminates it.
Contract with specific deadline
When is the landlord rescinding:
If a landlord wants to terminate the lease agreement with a stipulated deadline, they must follow the following notice periods to the tenant:
| Contracts of 6 or more years | 240 days |
| Contracts between 1 and 6 years. | 120 days |
| Contracts between 6 months and 1 year | 60 days |
| Contracts with a duration of less than 6 months | 1/3 of the initial contract duration period or its renewal |
When the tenant terminates:
If the tenant wants to terminate the lease agreement, the notice periods differ for longer contracts:
| Contracts of 6 or more years | 120 days |
| Contracts between 1 and 6 years | 90 days |
| Contracts between 6 months and 1 year | 60 days |
| Contracts with duration less than 6 months | 1/3 of the initial contract duration or its renewal time. |
In other words, to terminate the contract, tenants with longer contracts are required to give notice of termination 60 to 120 days in advance, unlike landlords. The latter are already required to comply with minimum notice periods of 120 to 240 days. In contracts with a duration of less than 6 months and up to 1 year, the deadlines remain the same.
Contract for an indefinite period
If the contract has an indefinite term, meaning it does not have a specific end date, only after six months of effective duration it is possible to consider a resignation. There are also notice periods to comply with:
| Contracts with 1 or more years of effective duration | 120 days from the scheduled cessation date |
| Contracts with up to 1 year of effective duration | 60 days from the expected cessation date |
This means, let's take an example: If a lease agreement without a definite term starts on December 10, 2023, the tenant can only terminate it from June 10, 2024, after six months duration. In this case, by terminating the contract, the tenant must give a minimum notice of 60 days, sending a registered letter to the landlord with this communication.
If, for some reason, the tenant needs to leave the property earlier than the notice period they have to give, they can do so. However, this implies paying the corresponding rent for the remaining period.
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