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. 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):

• 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. They can initiate the judicial process for Property Restitution (Restitución de Inmueble) immediately, though in practice, an extrajudicial demand for voluntary return is sent first to avoid prolonged legal costs.

2. No-Fault Termination (Unilateral End)

Even if the tenant complies with all their duties (pays on time and cares for the property), the owner may still want their property back to sell it, to live in it themselves, or simply because they wish to sever the relationship. These are known as unilateral terminations. They assume long notice periods and, in many cases, the payment of economic penalties to the tenant.

a) With Indemnity to the Tenant (Art 22. Numeral 7)

The landlord may single-handedly demand the property back during the initial term or its extensions:

• Notice Period: Minimum written notice of 3 months in advance of the expiration of the current contract or extension.
• Indemnity: The landlord must deposit the equivalent of three (3) months of current rent via a secure judicial bank (like Banco Agrario) under the tenant's exact orders.
• Note: The pre-notice is only legally binding once the official deposit receipt is attached to it. If the tenant still doesn't vacate, the landlord does not lose the indemnity money; it cannot be withdrawn by the tenant until they physically hand over the keys.

b) Without Indemnity (Only for Special Causes, Art. 22. Numeral 8)

The owner can avoid paying the three months' rent penalty only if they can prove they require the property for:

• Their own housing: For a period of no less than 1 year (the owner must live there, not rent it out).
• Demolition or indispensable repairs: Works that cannot be executed with the tenant occupying the premises.
• Effective sale: Only if the property has been successfully sold with the contractual obligation to deliver it vacant to the buyer.

Inescapable Requirements for these 3 Scenarios:

1. Must notify the tenant with a minimum of three (3) months anticipation.
2. The notice must be accompanied by proof of a bond (póliza de caución) equivalent to six (6) months of rent. This guarantees that the landlord will actually fulfill the invoked cause (e.g., actually living there or starting demolition) within the six months following the handover of keys.

The Restitution Trial (Eviction Lawsuit)

When a tenant flat-out refuses to leave, even after proper notices or amid unpaid rent, 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: If the cause is unpaid rent, the court will deafen its ears to the counterparty (tenant) unless they factually demonstrate they have caught up with payments or begin depositing current rents to the court's account as the months advance.
• 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 is not a simple WhatsApp message. It 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. It is that strict. Miss the window, and the contract automatically renews for an identical period, and you cannot unilaterally request the property again for another 11 months.

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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