The Eviction and Lease Termination Process in Colombia

Terminating a lease contract—and ultimately evicting a tenant—entails following a series of rigid legal requirements in Colombia, primarily governed by Law 820 of 2003 (effective July 10, 2003). For the owner, ignoring the notification rules can easily result in forced lease extensions of another full year.

Key Differences: Just Cause vs. No-Fault Terminations

Law 820 of 2003 breaks down contract termination by the landlord into two major categories, entirely depending on the tenant's behavior.

1. Just Cause Termination (Breach of Contract)

A landlord has the right to terminate the contract at any time if the tenant commits a serious offense. The tenant receives absolutely no compensation under these grounds.

Main Causes (Art. 22, Numerals 1-6):

• Non-payment of rent: Failure to pay rent or the legal rent increase within the stipulated period.
• Non-payment of public utilities: Omissions that result in the disconnection of the service.
• Irregular subletting and assignment: If the tenant sublets all or part of the property without permission.
• Improper use: Engaging in dangerous, illegal, or community-offensive activities.
• Unauthorized structural changes: Substantial destruction or renovations made without permission.

The Just Cause Process: When there is a breach, the landlord does not need to abide by the standard 3-month notice threshold or pay any indemnity. They can initiate the judicial process for Property Restitution (Proceso de Restitución de Inmueble Arrendado) immediately.

2. No-Fault Termination (Unilateral End)

Even if the tenant complies with all their duties, the owner may still terminate the relationship. These terminations are strictly regulated based on whether they occur during an extension or at the expiration of a term.

a) During Extension Periods (Art. 22, Numeral 7)

The landlord may demand the property back exclusively during the extension periods (prórrogas), not during the initial term of the contract.

• Notice Period: Minimum written notice of 3 months in advance via authorized postal service.
• Indemnity: The landlord must pay an indemnity equivalent to three (3) months of current rent.
• Payment Process: The landlord must deposit this amount in the Banco Agrario (or authorized entity) to the order of the tenant within the three months prior to the termination date. The pre-notice is only legally binding once the official deposit receipt is attached to it.

b) At Expiration of Term (Art. 22, Numeral 8)

The owner can terminate the lease at the end of the initial term or any extension period by providing a minimum of three (3) months' written notice via authorized postal service under the following scenarios:

Special Causes (No Indemnity to Tenant):

• Own housing: Landlord requires the property for their own residence for a period of no less than 1 year.
• Demolition or indispensable repairs: Works that require total vacancy of the premises.
• Effective sale: The property must be delivered vacant due to a contract of sale (compraventa).
• Requirement: For these three scenarios, the landlord must post a bond (caución) equivalent to six (6) months of rent to the order of the competent authority to guarantee they fulfill the invoked cause.

Full Will (4-Year Rule):

• If the lease has been in effect for at least four (4) consecutive years, the landlord may terminate the contract at the end of a term without a specific cause.
• Indemnity: In this case, the landlord must pay the tenant an indemnity equivalent to 1.5 months of rent.

The Restitution Trial (Eviction Lawsuit)

When a tenant refuses to leave after proper notice or due to a breach, the owner must file a civil lawsuit.

Trial Phases (General Process Code, Art. 384):

• Filing: Ideally done with original authenticated contracts.
• Obligation to pay during the trial: In cases of non-payment, the tenant will not be heard in court unless they factually demonstrate they have caught up with payments or deposit the owed rent and subsequent monthly payments into the court's account during the trial.
• Judgment and Eviction: If the judge rules in favor of the owner, a police inspector assists the mandatory eviction if necessary, which includes forced locksmith entry and inventory of goods.

Warnings on Written Notice Delivery

A pre-notice must comply with strict legal protocols to hold weight in court:

• It must be sent by an authorized postal service (e.g., certified mail via 4-72), explicitly detailing the contract in question.
• 3 months does not mean one or two days less. If the contract expires on December 30th, the certified mail must be physically delivered to the final address before the close of business on September 30th. Miss the window, and the contract automatically renews for an identical period.

Keep Track With Landager

Lost notices or missed dates can mean being stuck with an inconvenient tenant. Landager includes automated notifications for contract end dates, ensuring you know exactly which date your critical 3-month notice window is expiring.

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How Landager Helps

Landager tracks lease terms, automated rent reminders, and document expiration - making it easy to stay compliant with Colombia regulations.

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