Desistimiento
the tenant ending the lease early
Definition
Desistimiento is the tenant's right to walk away from a residential lease before its term is up. Under the LAU they may do this once at least six months have passed, giving you at least 30 days' written notice.
Why it matters
The right exists whether or not your contract mentions it. A clause saying the tenant owes the whole remaining term does not override it.
Compensation is capped and conditional: you can claim it only if the contract expressly provides for it, and at most one month's rent for each year still to run, pro rata for part-years. No clause, no compensation — which is a drafting decision made before signing, not after.
The notice is what makes the date real. Written and dated, so both sides can prove when it arrived; the vacancy you have to plan for starts from that date, not from the conversation.
Where this comes up
Related terms
Sources
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