Required Tenant Disclosures in Colombia: What You Must Provide

Unlike jurisdictions like the United States (where environmental rules mandate disclosures for lead-based paint, flood zones, or bed bug histories), disclosure obligations in Colombia are focused strictly on the lease contract itself and the neighborhood coexistence rules within Horizontal Property Regimes (HOAs).

The Three Mandatory Handover Disclosures

To establish a fully legitimate bond under Law 820 of 2003-and to avoid municipal penalties-the property owner must ensure the delivery of the following items:

1. Authentic Original Copy of the Lease Agreement

• The Rule (Art. 8, Numeral 3): The landlord must deliver to each tenant (as well as to each co-signer/codeudor) a complete original copy of the lease agreement. It must include original signatures, whether on paper or using a recognized electronic signature mechanism admitted by the country.
• Strict Deadline: This copy must be provided no later than Ten (10) days after the execution (signing) of the contract.
• Typical Penalty: Failure to physically/electronically deliver the documented copy allows the landlord to be fined by authorities such as the Secretariat of Habitat in Bogotá, or equivalent municipal housing offices. It is highly recommended to append a delivery receipt log (acta de recibido), where the tenant signs acknowledging they received the document in hand.

2. Copy of the Horizontal Property Regulations (HOA Bylaws)

• The Rule (Art. 8, Numeral 3): If the housing unit is legally located within a Horizontal Property Regime (Propiedad Horizontal-which applies to 80% of apartments and many gated communities), it is an absolute requirement to supply the tenants with a copy of the normative portion of the HOA bylaws.
• Because this contains the rules of coexistence (what amenities they can use, restricted common areas, internal administrative fines), it is a mandatory disclosure. Without it, a tenant can easily argue lack of prior knowledge when infringing community rules. Not only can this exempt a tenant from an HOA fine, but an HOA assembly or court could directly shift all financial blame and penalties to the property owner.

3. Fiduciary Disclosure of Known Hidden Defects (Vicios Ocultos)

Although governed more heavily by the Colombian Civil Code than Law 820, renting requires guaranteeing a dwelling free of severe hidden habitability defects.

• It is the landlord's duty to warn and disclose any natural defect of which they are aware that limits, compromises, or makes it impossible to fully use a basic utility of the home (e.g., systemic low water pressure that will make it chronically impossible to use the gas heater effectively; historic unresolvable roof leaks).
• This disclosure prevents the tenant from rightfully terminating the contract early and without penalty on the grounds of inhabitability or fraud before the standard lease term expires.

Information on Payment Methods

The tenant has the legal right to fully know under whose name they are making the rent payments, the authorized bank accounts or addresses for deposits, and a reliable physical or electronic mailbox for legal correspondence. The disclosure logically dictates the issuance of periodic cash receipts or invoices verifying monthly payments (which must be declared for tax purposes depending on local status, especially for corporate landlords).

Best Practices (Key Handover Checklist)

When handing over the property, always secure the new tenant's signature on a delivery act stating they received:

• A complete set of the corresponding keys (entrance, mailbox, parking if applicable).
• A fully signed original copy of the lease agreement.
• A copy of the HOA bylaws and contact details for the building administrator.
• The move-in inventory, complete with timestamped photos validating the visual state of paint, appliances, and fixtures.

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