Abandonment of the premises

You have a business whose activity takes place in two rented premises, but since you want to save costs immediately, you are in a hurry to leave one of them. Well, in these cases, the tenant must take a series of precautions in order to avoid possible future conflicts with the landlord.

First of all, if the tenant decides to leave the premises and it coincides with the fact that the contract's end date is approaching, it is most convenient to wait and hand over the keys to the landlord when the term ends, since the parties must respect the duration period they have agreed upon.

In any case, it is always necessary to review the contract to check if there are clauses that contain automatic extensions, as well as the notice period that the tenant must comply with to avoid them.

On the other hand, if the contract included a clause that allows the tenant to withdraw early (in short, to abandon the premises before time) and wants to leave, he must follow the procedure agreed upon in the contract (how to communicate that withdrawal, the time frame to do so, etc.).

If, on the other hand, the contract did not include any withdrawal clause, the tenant's early exit may be considered a breach of contract and, therefore, the landlord could claim damages.

Finally, if the tenant ultimately leaves the premises, keep in mind that:

• To prevent the landlord from withholding the deposit, the tenant must return the premises in the same condition as received. For this purpose, wear and tear from normal use will not be taken into account (the tenant is only responsible for damages caused by improper use).

• If the tenant made improvements to the premises (because the owner authorized him to adapt it to his activity) and the contract does not establish anything about them, he may remove the improvements he has made, but only if he can do so without "detriment" to the premises (he may remove movable elements, for example).

 

If you want to leave a premises, our professionals will advise you to avoid any controversy with the landlord.