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

Requesting the restitution of a property in Colombia can turn into a costly headache if a formal mistake is made in the communication. Many landlords assume that simply sending a WhatsApp message or making a call weeks in advance is enough to notify the tenant that they need the property. However, within the framework of the Law 820 of 2003, a non-renewal notification that is poorly structured or sent without the three months of written notice entails the automatic renewal of the contract for a period identical to the one agreed upon (Art. 22 num. 8 and Art. 23). That defect does not extinguish or block judicial restitution due to tenant breach (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 perform 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 renewals.
• Legal means of notification: Authorized postal service (certified mail with proof of physical delivery and verification). A simple digital message does not constitute summary evidence before a civil court unless there is an express contractual agreement under Law 527 of 1999.
• Termination at the landlord's will during renewals: Requires a 3-month notice and the payment of an indemnity equivalent to three (3) current rent payments.
• Termination after 4 years of continuous execution: The landlord can terminate the contract at expiration by paying a reduced indemnity of 1.5 monthly rents, with 3 months' prior notice.
• Special cases without indemnity (own residence, demolition, or sale): They do not pay indemnity at expiration, but require establishing a judicial or bank security deposit for the value of six (6) months of rent to guarantee compliance with the reason.
• Immediate termination due to breach: Proceeds without a 3-month notice or indemnity if the tenant defaults on the rent, fails to pay utility bills, or disrupts living conditions.

Way 1: Immediate termination due to tenant breach

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' waiting time. Article 22 of Law 820 of 2003 (numerals 1 through 6) authorizes immediate unilateral termination for the following reasons:

• Default on rent payments: Failure to pay in full or in part on the agreed date.
• Failure to pay utility bills or management fees: If the bill is the tenant's responsibility and its disconnection or coercive collection harms the owner. To protect this aspect in future contracts, it is worth reviewing utility service guarantees in rental contracts in Colombia.
• Unauthorized subleasing 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 storage unit, commercial space, or for activities contrary to law and good customs.
• Unauthorized improvements or renovations: Modifying the architectural structure of the property without the landlord's approval.
• Serious violation of the horizontal property regime: Repeated behaviors that disturb the tranquility or health of co-owners or neighbors.

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

Way 2: Termination at expiration for special reasons with security deposit

Many landlords are unaware that the law allows them to refuse to renew the contract without paying any indemnity when the agreed term or its renewal ends, as long as they justify a legitimate reason contemplated in Article 22, numeral 8 (paragraphs a, b, and c). However, the law protects the tenant by requiring a security deposit in their favor equivalent to six (6) months of current rent, a figure whose constitutionality was fully ratified by the Constitutional Court in its Judgment C-426 of 2023.

The three reasons that require a security deposit:

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 a new construction, or vacated as an essential requirement to execute independent works that do not allow the presence of occupants.
3. Delivery obligation due to sale: When the property has been sold and the sales contract expressly states the correlative obligation to deliver it vacant to the buyer.

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

Way 3: Unilateral termination at the landlord's will with indemnity

If the tenant is up to date with their obligations, has not committed any fault, and the owner does not fall under the special cases with a security deposit, the rental contract cannot be canceled arbitrarily. Nevertheless, the landlord retains the legal power to terminate it unilaterally by assuming economic compensation in the following scenarios:

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

The landlord may terminate the contract during any of its renewals by giving a formal notice of at least three (3) months and paying an indemnity equivalent to three (3) months of the current rentSaid 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 the handover, in accordance with Article 23 of the regulation. It is not permitted to deliver it by hand to the tenant as a substitute for that deposit.

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

If the lease relationship has exceeded four (4) uninterrupted years, the Colombian legislator reduces the burden for the owner. At the time of the expiration of the annual renewal, 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 completed 12-month contracts.

Comparison: Legal termination paths for the owner

The unavoidable requirement: Notification via authorized postal service

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

It is essential to request the service with a verification copy and proof of delivery. This certifies that the content sent corresponds exactly to the filed document and records the date and time of receipt. Sending an ordinary email or instant message 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 deposit settlements or pending payments, it is convenient to contrast the situation with the rules of rent refund and balances for early lease termination.

Termination and non-renewal letter template

Below, we present a standard notification format that you can adapt to your specific case. Remember to carefully fill in each field in 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 courier company delivers the letter and the tenant simply refuses to sign the delivery sheet, the waybill with the note of delivery made or returned due to refusal serves as valid proof of timely notification. In Colombia, the landlord must never attempt to evict by extrajudicial means (such as changing locks, disconnecting water or light meters, or forcing entry into the home); such acts constitute the crime of disturbance of possession and carry severe police sanctions.

The institutional path involves two successive steps:

1. Extrajudicial conciliation hearing: Summon the tenant before a House of Justice, authorized Conciliation Center, or Notary to agree on a record with a certain date of handover that serves as an executive title.
2. Leased property restitution lawsuit: If mediation fails, the lawsuit is filed before a municipal civil judge through a lawyer (or directly if it is a minor claim), relying on Article 384 of the General Code of Process with the verified postal guide as summary evidence.

Frequently Asked Questions

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

It must be sent with a minimum of three (3) months prior to 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 prevent delays in postal delivery from invalidating the notice.

❓ Is it legally valid to send the letter by WhatsApp or email?

As a general rule, it lacks evidentiary suitability before a civil judge in restitution proceedings, according to Law 820 of 2003 in force in 2026. That standard requires an authorized postal service with physical proof of delivery, unless there is a written 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 a 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 been running for 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 housing?

No compensation is paid for breach, mutual agreement, or special causes with a security bond, according to Law 820 of 2003 in force in 2026. Article 22 covers arrears, written pact, self-habitation for one year, indispensable repairs, or handover due to sale, provided that the security bond of six rents is provided.

❓ What is the 6-month security 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 performance 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 untimely notice of non-renewal extends the contract for a term equal to that agreed upon, according to Law 820 of 2003 in force in 2026. The owner retains the right to restitution if the tenant is in breach (Art. 22 nums. 1 to 6 and Art. 384 of the CGP).