If the termination of a lease is much simpler for the tenant than for the owner, it must still comply with several obligations. Is the process the same for fixed-term and indefinite-term leases? Which term of notice applies? Find out useful information to terminate your lease respecting the rules of art!
Read Carefully the Terms and Conditions of the Lease
When you move into a home, you must always take some time to read carefully all the clauses of the lease, in order, for example, to avoid unpleasant surprises when leaving. Concretely, though the law provides for a three month’s notice, the owner might have extended this period in the lease contract. Carefully check this information before informing your landlord that you are leaving.
Besides, the terms of your departure can differ according to the nature of the lease. Fixed-term leases remain more difficult to terminate for the tenant: theoretically, it cannot be done before the end date, except in case of fault of the owner. On the other hand, an indefinite-term lease can be terminated at any time. However, the principle of notice always applies in the same way.
“An indefinite-term lease can be terminated at any time. ”
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What is the Process to Terminate a Lease?
Although it is not a legal obligation, tenants are advised to notify the owner by registered letter with acknowledgement of receipt. This method of notification ensures that the owner has been informed, which avoids any complaints in case of dispute.
In the letter, you will indicate the day you plan to leave the place, taking the notice period into account. You do not need to specify a reason as you are free of moving without having to justify your choice to your landlord.
Our Tips to Manage the Notice Period
Most of the time, there is a minimum 3 month’s notice. During that period, even if you have already found a new home (or even moved in it), you must continue to pay the rent of the former one. To avoid too much expenditure, it is therefore necessary to anticipate your departure. You should also be aware that, if you terminate a fixed-term lease on the end date, you must also notify your landlord three months in advance. Otherwise, the contract will be tacitly converted into an indefinite-term lease.
“If you terminate a fixed-term lease on the end date, you must also notify your landlord three months in advance.”
In practice, many tenants and landlords manage to come to an agreement to reduce this notice period. As a matter of fact, you can yourself introduce to the owner a new tenant wishing to take up your place: if the owner is flexible, you can agree on a moving date with the new tenant so as to shorten as much as possible the duration of your own notice.
Warning: even if you have to leave rather hastily, do not neglect the exit inventory of the place. This will be the basic document for the return of the security deposit, helping to avoid any litigation.
