Essential Requirements for Lease Agreements in Colombia

For a landlord-tenant relationship to be protected and governed clearly, effectively, and firmly in court, it is mandatory to create the rental contract under specific formal and substantive guidelines dictated by Colombia's legal framework, primarily Law 820 of 2003 (effective 10 July 2003).

Contract Form: Written vs. Verbal

According to Article 3 of Law 820, an urban housing rental contract in Colombia can be executed verbally or in writing.

• Both are legally valid, but a verbal contract generally operates as an evidentiary catastrophe in serious disputes. It is almost always interpreted in favor of the tenant or grants extremely lenient timelines (without a documented term, Article 5 of Law 820 of 2003 defaults to a 1-year assumption).
• The absolutely recommended and only viable enterprise form is written.

Mandatory Elements That Must Be Included (Art. 3)

If written, the contract must firmly establish, at a minimum, the following clauses:

1. Identity: Full name and ID card number (Cédula/Passport) of the contracting parties (including all co-signers and subtenants if permissible).
2. Property: Exact address of the premises subject to the contract and clear identification if it is an individual section, as well as the permitted use of garages, storage rooms, or easements.
3. Shared Areas: Any portion of the house and services (shared laundry rooms, corridors) whose use and enjoyment are part of the agreement, for "shared" or "pension-style" rooming contracts.
4. Value: The price and payment method (and the precise monthly rent figure).
5. Public Utilities and HOA Dues: Strictly specify the relationship or payment handling of public utilities, meter allocation, and payment of administration fees (HOA/Propiedad Horizontal expenses). It must be documented on whose account these expenses run.
6. Term Duration: Initial duration term in months. Under Colombian law, if no express term is written, Article 5 of Law 820 of 2003 automatically defaults to a period of one (1) year.
7. Designation of Residential Use: The home is strictly for the resident's total use; its primary designation shall be stated exclusively as housing (vivienda urbana).

Solidarity: Guarantors and Co-signers (Codeudores)

The ideal contract encompasses what is established in Article 7 of Law 820 of 2003: Obligations in solidarity. Those who sign a contract must not only be the direct tenant but also the guarantors (independent persons who sign "on request," called fiadores or codeudores with no possession rights). They fully assume the same condition regarding debts and penalties dictated by early termination to the exact same extent as the person occupying the roof.

Their explicit signature on paper (including ID photocopies and fingerprints) is essential. The lease contract itself constitutes a 'título ejecutivo' (Executive Merit) for the collection of rent and utilities (Art. 14, Law 820/2003 & Art. 422 CGP), provided it contains clear, express, and demandable obligations. This allows lawyers to issue expedited measures like quick embargoes of bank accounts and assets if requested before 5 years after the obligation expires (Art. 2536, Civil Code).

Standard Prohibited (Null) Clauses

Any written agreement between the parties is instantly invalid (even if authenticated by a notary) if it includes:

• Demanding cash security deposits or real guarantees (Art. 16, Law 820/2003). However, Article 15 allows specific guarantees for public utilities, which are capped at two billing periods.
• Waivers by the tenant to constitutional requirements of the Restitution (eviction) legal process.
• Acceptance of automatic rent increases that exceed 100% of the Consumer Price Index (IPC) from the previous calendar year (Art. 20, Law 820/2003).
• Tacit subleasing. Subleasing for an urban property in Colombia is legally restricted by default (partial assignments will require prior notification, and total subleasing will require the express documented consent issued by the superior owner).

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