Notice of Lease Termination by the Landlord in Colombia: Advance Notice and Grounds

Requesting the restitution of a property in Colombia can become a costly headache if a formal error is made in the communication. Many owners assume that it is enough to send a WhatsApp message or make a call weeks in advance to notify the tenant that they need the property. However, within the framework of Law 820 of 2003, a non-renewal notice that is poorly structured or sent without the three months of written prior notice results in the automatic extension of the contract for a period identical to the one agreed upon (Art. 22 num. 8 and Art. 23). This defect does not extinguish or block judicial restitution due to tenant default (Art. 22 nums. 1 to 6 and Art. 384 of the General Code of Procedure).

Whether because you need to occupy your house, you are going to carry out essential repairs, you sold the property with a delivery commitment, or you simply decided not to renew the contractual relationship, the procedure must be precise.

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Quick summary: Key rules for the landlord

• Ordinary notice period: At least three (3) months prior to the expiration date of the initial contract or any of its extensions.
• Legal notification method: Authorized postal service (certified mail with proof of physical delivery and verification). A simple digital message does not constitute summary evidence in a civil court unless there is an express contractual agreement under Law 527 of 1999.
• Termination by the landlord's will during extensions: Requires a 3-month notice and the payment of compensation equivalent to three (3) current rent payments.
• Termination after 4 years of continuous execution: The landlord may terminate the contract upon expiration by paying reduced compensation of 1.5 rent payments, providing notice 3 months in advance.
• Special grounds without compensation (own residence, demolition, or sale): They do not pay compensation upon expiration, but they require establishing a judicial or bank guarantee for the value of six (6) months of rent to ensure compliance with the stated cause.
• Immediate termination for breach: Proceeds without 3 months' notice or compensation if the tenant is in arrears on rent, does not pay utilities, or disrupts coexistence.

Path 1: Immediate termination due to tenant default

When the tenant does not fulfill the essential clauses of the contract, the landlord is not obliged to wait for the expiration of the agreed term or to provide three months of waiting. Article 22 of Law 820 of 2003 (numerals 1 to 6) authorizes immediate unilateral termination for the following reasons:

• Arrears in rent: Failure to pay in full or in part by the agreed date.
• Failure to pay utilities or administration fees: If the bill is the tenant's responsibility and its disconnection or coercive collection damages the owner. To secure this aspect in future contracts, it is advisable to review the utility guarantees in rental contracts in Colombia.
• Unauthorized subletting or assignment: Assigning the contract or allowing third parties to use the property without the owner's express written authorization.
• Change of purpose: Using a family home as a warehouse, commercial premises, or for activities contrary to the law and good conduct.
• Unauthorized improvements or renovations: Modifying the architectural structure of the property without the landlord's approval.
• Serious violation of the horizontal property regime: Repeated conduct that disturbs the tranquility or health of the co-owners or neighbors.

In these cases, the termination letter notifies the existence of the breach and demands the immediate delivery of the property, serving as direct evidentiary basis to initiate a judicial restitution process in accordance with Article 384 of the General Code of Procedure.

Path 2: Termination at expiration for special grounds with a guarantee

Many owners do not know that the law allows them to refuse to renew the contract without paying any compensation when the agreed term or its extension ends, provided they justify a legitimate cause contemplated in Article 22, numeral 8 (subparagraphs a, b, and c). However, the law protects the tenant by requiring a guarantee in their favor equivalent to six (6) months of the current rent, a measure whose constitutionality was fully ratified by the Constitutional Court in its Sentence C-426 of 2023.

The three causes that require a guarantee:

1. Own residence: When the owner needs the property for their own housing or that of their close relatives for a minimum term of one (1) consecutive year.
2. Demolition or essential repairs: When the building must be demolished for new construction, or vacated as essential for carrying out independent works that do not allow the presence of occupants.
3. Obligation of delivery by sale: When the property has been sold and the contract of sale expressly states the correlative obligation to deliver it vacant to the buyer.

The guarantee (which can be provided through a compliance insurance policy or a cash deposit) ensures that the owner will effectively fulfill the invoked cause within six months following the delivery. If they do not, the tenant has the right to claim the guaranteed sum as compensatory damages. To contrast this legal guarantee with private bonds, check the rental guarantees used by tenants and owners. If the dispute is about who pays for property repairs, the guide on gas heater maintenance under Law 820 clarifies the obligations of landlord and tenant.

Path 3: Unilateral termination by the landlord's will with compensation

If the tenant is up to date with their obligations, has not incurred any breach, and the owner does not fall under the special grounds requiring a guarantee, the rental contract cannot be canceled arbitrarily. However, the landlord retains the legal power to terminate it unilaterally by assuming financial compensation in the following scenarios:

1. During contract extensions (Art. 22 num. 7)

The landlord may terminate the contract during any of its extensions by giving formal notice of at least three (3) months and paying compensation equivalent to three (3) months of the current rent. Such compensation must be deposited in favor of the tenant and to the order of the competent authority, in authorized financial entities, within three (3) months prior to the date set for delivery, in accordance with Article 23 of the statute. It is not permitted to deliver it by hand to the tenant as a replacement for said deposit.

2. Contracts with more than 4 years of continuous execution (Art. 22 para. 8 clause d)

If the lease relationship has exceeded four (4) uninterrupted years, the Colombian legislature reduces the burden on the owner. At the time of the annual renewal expiration, the landlord may request non-renewal by notifying three (3) months in advance and paying a reduced compensation of 1.5 months of rent. This offers notable economic relief if you compare the implications of termination versus the rent increase after 12-month completed contracts.

Comparative: Legal paths for termination by the owner

The unavoidable requirement: Notification by authorized postal service

The most common stumbling block for owners in judicial offices occurs during the notification phase. Article 23 of Law 820 is emphatic: the communication must be sent through an authorized postal service (recognized companies like 4-72, Servientrega, or Inter Rapidísimo) to the contractual address of the leased property.

It is essential to request the service with a proof of delivery and comparison copy. This certifies that the content sent corresponds exactly to the filed document and provides evidence of the date and time of receipt. Sending an ordinary email or an instant messaging chat is usually dismissed by circuit or municipal judges if the tenant denies having received it, unless the contract contains a digital notification clause in accordance with the technical requirements of Law 527 of 1999.

Likewise, in case of disagreements regarding the settlement of deposits or pending payments, it is advisable to contrast the situation with the rules on refund of rent and balances due to early termination of lease.

Template for lease termination and non-renewal letter

Below, we present a standard notification format that you can adapt to your specific case. Remember to carefully fill in each field between brackets:

[Fecha de expedición]

Señor(a): [Nombre completo del arrendatario]
Inmueble: [Dirección exacta, interior, apartamento]
Asunto: Notificación de terminación y no renovación de contrato de arrendamiento

En mi calidad de ARRENDADOR del inmueble, informo mi decisión de DAR POR TERMINADO y NO RENOVAR el contrato de vivienda urbana firmado el [Día] de [Mes] de [Año].

[Opción A - Caución, Art. 22 num. 8 lit. a/b/c Ley 820 de 2003: habitaré el inmueble por mínimo un año / habrá demolición u obras indispensables / hay venta con obligación de entrega. Adjunto caución por seis (6) cánones.]

[Opción B - Indemnización en prórrogas, Art. 22 num. 7: voluntad unilateral de no prorrogar. Pongo a disposición tres (3) meses de canon vigente, según el Art. 23.]

[Opción C - Más de 4 años, Art. 22 num. 8 lit. d: el contrato superó cuatro años continuos. Indemnización de 1.5 cánones.]

Solicito la entrega material a más tardar el [Día] de [Mes] de [Año], con 90 días de preaviso, desocupado, según inventario y con servicios y administración al día.

Atentamente,
[Firma] [Nombre del Arrendador]
C.C. [Número] | Tel. [Número] | Notificaciones: [Dirección física]

What to do if the tenant does not vacate or rejects the notification?

If the certified mail company delivers the letter and the tenant simply refuses to sign the form, the guide with the annotation of delivery made or returned due to refusal serves as valid proof of timely notification. In Colombia, the landlord should never attempt to evict by extrajudicial means (such as changing locks, disconnecting water or electricity meters, or entering the property by force); such acts constitute the crime of disturbance of possession and carry severe police sanctions.

The institutional path includes two successive steps:

1. Extrajudicial conciliation hearing: Summon the tenant before a House of Justice, authorized Conciliation Center, or Notary to agree on a document with a certain date of delivery that provides executive merit.
2. Lawsuit for restitution of leased property: If mediation fails, the lawsuit is filed before a municipal civil judge through a lawyer (or directly if it is a small claim), relying on Article 384 of the General Code of Procedure with the checked postal guide as summary evidence.

Frequently asked questions

❓ How many months in advance must the landlord send the termination letter?

It must be sent at least three (3) months before the expiration of the initial contract or any of its renewals, according to Law 820 of 2003 in force in 2026. In procedural terms, it is advised to count at least 90 full calendar days before the cutoff to avoid postal delivery delays invalidating the notice.

❓ Does sending the letter via WhatsApp or email have legal validity?

As a general rule, it lacks evidentiary capacity before a civil judge in restitution processes, according to Law 820 of 2003 in force in 2026. That regulation requires an authorized postal service with proof of physical delivery, unless there is an agreement for electronic notification under Law 527 of 1999.

❓ How much must the landlord pay if they want the property back by their own will?

During renewal, they must pay three (3) months of current rent as compensation, according to Law 820 of 2003 in force in 2026. If the contract has lasted four continuous years or more, that compensation drops to 1.5 months of rent.

❓ In what cases does the owner not have to pay any compensation when asking for the property?

No compensation is paid for breach, mutual agreement, or special causes with a bond, according to Law 820 of 2003 in force in 2026. Article 22 covers default, written agreement, own habitation for one year, essential works, or delivery due to sale, provided that the bond of six rents is provided.

❓ What is the 6-month bond and before whom is it processed?

It is a guarantee of six rents to accredit the special causes of Article 22, according to Law 820 of 2003 in force in 2026. It is provided with a compliance bond or bank deposit to the order of the competent authority or the tenant.

❓ What happens if the owner sends the notification with less than three months' notice?

The late notice of non-renewal extends the contract for a term equal to the agreed one, according to Law 820 of 2003 in force in 2026. The owner retains the right to restitution if the tenant breaches (Art. 22 paras. 1 to 6 and Art. 384 of the CGP).