Giving notice before leaving a rental

Overview

How much notice you owe your landlord depends on why you're leaving. Ending your tenancy early (before the minimum term is up) follows one rule; simply choosing not to renew once you're past that minimum term follows another.

Requirements

• Leaving early (desistimiento), before your contract's minimum term (typically five years) is up, requires at least six months' occupancy and 30 days' written notice
• Choosing not to renew once you're past the minimum term requires at least two months' written notice before the end of the current annual period

Step-by-step process

• Check your contract to confirm which situation applies to you — leaving early, or not renewing at term's end
• Draft your written notice, stating your intended move-out date clearly
• Send it by burofax or another method that creates a dated, provable record
• Confirm receipt with your landlord and agree a date for the check-out inspection

Required documents

• Your written notice (burofax recommended)
• Your original signed contract, to confirm the applicable notice period

Common mistakes

• Giving verbal notice only, with nothing in writing to prove when it was given
• Miscounting which notice period applies — early termination and non-renewal have different minimum notice requirements
• Leaving it until close to your intended move-out date to give notice, risking a dispute over timing

Practical tips

• When in doubt about which rule applies to your situation, check how long you've been in the property and whether you're still within the original minimum term or already in an annual extension
• See 'Ending a rental contract' for the fuller detail on early termination, including any penalty that may apply

How Tuchati can help

Tuchati can help you confirm exactly which notice period applies to your contract and prepare the written notice.