Any rental agreement in Mallorca, Menorca or Ibiza sets out a series of guidelines that both parties must follow. If they do, there are usually no problems, but that is not always the case. Here within we detail how both parties can end a rental contract should they desire.
By the Tenant
In Mallorca, Menorca & Ibiza. the tenant could terminate their lease at any time, but obviously this will incur penalties. To prevent this from happening, the law sets out the steps to be followed. After the first six months, the tenant can leave at any time. However, the tenant must give thirty days’ notice without having to pay any compensation. If he does so before this period of six months has passed, they must pay the owner the amount of rent still owed up to the end of the six month period.
And what if the contract is old and the tenant wants to leave? To terminate the contract, the tenant must abide by the terms of the contract, which is generally the annual review date for each contract.
But there are more cases in which the tenant can terminate the lease. For example, if the landlord refuses to make the repairs necessary for the proper functioning of the home or if he interferes in your daily life. And they must also return your deposit.
By the Landlord
The landlord can also terminate the lease. He can do so for personal reasons, if he needs the apartment for himself or a first-degree relative. However, this can be done after at least one year has passed since the contract was signed, as long as it is stipulated in the contract and the tenant is given at least two months’ notice.
Another case that allows a landlord to cancel the contract is the non-payment of rent. The law does not set a specific period, but experts consider that the non-payment of two consecutive monthly payments or three months in total in the same year will be a valid cause for termination of the contract.
The property owner must inform the tenant of the debt and the period of time to pay it. If this action is not successful, the tenant must subsequently initiate the corresponding legal action. Then the courts come into play, although you can also go to arbitration if an arbitration clause has been included in the contract at the time it is signed.
Another extreme situation may occur if the tenant carries out annoying, harmful, dangerous or illegal activities, or if they do not respect the rules of coexistence. This is determined by the Law on Urban Rentals in Mallorca, Menorca & Ibiza. It is very unusual for this to go smoothly and you will probably have to go to court.
Other Reasons for Termination
Other reasons that allow the landlord to terminate the contract include building work, alterations or modifications to the property without permission, as well as re-renting, sub-renting or using the house for a different use, without the landlord’s consent.
Non-payment of the deposit, as well as its updates, will also be grounds for terminating the contract. Or having animals without the landlord’s permission.
If you require any assistance or legal counsel concerning properties, purchases and sales on the islands of Mallorca, Menorca and Ibiza, please contact us at your convenience at info@mallorcasolicitors.co.uk or by phone on the numbers listed on our contact page
