Independent Parking Space Lease Agreement in Colombia: Rules, Deposit and Key Clauses

Short answer: Renting a standalone parking space, signed separately from any residential lease, is governed by the Civil Code (arts. 1973 et seq.) and not by Law 820 of 2003. That gives you considerable freedom to agree on rent, term and deposit, as long as you respect the building's rules if it is under horizontal property regime.

Many owners of an empty cell in the basement of the complex copy a residential lease template and end up believing they cannot ask for a deposit, or that the administration has the final say on everything. Both ideas are usually wrong. Let's take it step by step, because here a mistake about the legal regime can cost you time and arguments with neighbors.

What law governs the lease of a standalone parking space?

Law 820 of 2003 regulates urban residential leasing: its articles 2 and 3 limit that scope to properties intended for housing. A garage or a cell rented separately is not housing, so it falls under the general rules of the Civil Code on leasing of property, with the principle of private party autonomy (art. 1602). If you want to understand how other civil arrangements over property work, see our guide to the contrato de comodato.

In practice, this means three things:

• The rent and its annual increase are set by the parties or the local market; the cap under Law 820 and any CPI-based limit do not apply.
• The term is flexible: it can be weeks, months or years.
• If you do not agree on a fixed term, termination is governed by arts. 2009 to 2011 of the Civil Code, with notice according to the payment periods.

As for the rent amount, I won't give you a magic number: it depends on the area, the stratum, whether it is covered or uncovered, and how easy it is to maneuver. Look at nearby listings and put the amount in writing.

Security deposit: yes, you can charge one

This is the most repeated myth. The prohibition on requiring cash deposits in article 16 of Law 820 applies only to urban housing. In a civil parking lease it is legal to agree on a deposit, for example to cover access cards, keys, gate remotes or damages.

So that it does not become a fight at the end, the clause should state:

1. The amount and what it is for (access devices, damages, outstanding rent if so agreed).
2. How it is delivered and who holds it.
3. When it is returned: upon handing back the space and devices, deducting only what was agreed and documented.

Heads up: a deposit does not authorize you to hold the tenant's car if they fall behind. That is a vía de hecho (self-help). To collect overdue rent, use conciliation or go through the courts.

Parking spaces under horizontal property (Law 675 of 2001)

Here everything depends on what type of parking space you have. Check your deed and the certificate of property registration:

• Private property (own registration or private delimitation in the deed): paragraph 4 of article 5 of Law 675 prohibits the building rules from restricting the transfer, under any title, of private property. The administration cannot prevent you from renting it to someone who does not live in the building.
• Common property for exclusive use or visitor parking (art. 22): these are not freely available for renting to outside third parties. Before advertising, confirm with your rules and the assembly.

That said, the co-ownership may require security and coexistence protocols from the tenant: plate registration, driver identification at the reception desk, a copy of the ID card and a signed commitment to comply with the house rules. My advice: give the lease and the tenant's details to the administration before the first entry, so you avoid a locked gate on day one. If your dispute concerns assembly decisions, read how to impugnar actas de asamblea.

Essential clauses of the lease agreement

You don't need thirty pages. You need clarity on these points:

• Space: parking number, tower or level, and dimensions if applicable.
• Authorized vehicle: license plate, make and model.
• Rent and late payment: amount, frequency, payment deadline and consequences of delay.
• Deposit: amount, custody and return, as discussed above.
• Prohibitions: subleasing, assigning, storing goods or flammable substances. To see how this logic works in another context, check the subarriendo de local comercial.
• Liability: state in writing what you do and do not cover regarding theft or damage to the vehicle; review the official LegalApp source on goods left in the custody of third parties.
• Notice and handover: how many days in advance termination must be notified and how the space and controls are returned.

A written lease is not required for the contract to exist, but without paper there is no easy way to prove the rent or the term. If a dispute arises, you can request conciliation at an accredited center or justice house before starting a restitution of possession process before a civil judge.

Do I have to charge VAT?

Parking services are subject to the general VAT rate (19%) under the Estatuto Tributario. However, a natural person who qualifies as not responsible for VAT under paragraph 3 of article 437 (less than 3,500 UVT in gross annual income and a single establishment) must not invoice or charge that tax. Note: article 476 excludes residential rentals, not parking rentals, so do not assume it applies to you. If you rent regularly, review your activity in the RUT; this guide on the código CIIU 6810 is a good starting point. Confirm your case with an accountant and at dian.gov.co.

How to find a direct tenant, with no commissions

A good ad sells the parking space before the visit. Include dimensions, clearance height, whether it is covered, the type of security, ease of maneuvering and whether the tenant must register at the reception desk. Put vehicle access and the area in the description, not just the photo.

According to active listings on Colombia Move (October 2026), the housing section has the most supply, with 362 active listings, and yet it is still marked as one of the categories with the most unmet demand. There is room for your space.

Frequently asked questions

❓ Is it legal to charge a cash deposit when renting a private parking space?

Yes, it is legal, because the deposit prohibition in article 16 of Law 820 of 2003 applies only to urban housing. A standalone parking space is governed by the Civil Code, so you can agree on a deposit for access cards, remotes or damages, with the amount and return set in writing (verify with the official source).

❓ Can the administration prohibit me from renting my parking space to someone who does not live in the building?

No, if it is private property with its own registration or delimitation in the deed: paragraph 4 of article 5 of Law 675 of 2001 prevents it. However, it may require plate registration, driver identification and compliance with the house rules (verify with the official source).

❓ Is it safe to hold the car if the tenant stops paying and does not pick it up?

No, you cannot hold or tow the car on your own, because that would be a vía de hecho (self-help). The proper route is to go to conciliation at an accredited center or justice house, or to start the civil process of restitution of possession and collection with the signed lease (verify with the official source).

❓ How much does it cost to rent a parking space and who sets the rent?

There is no fixed legal rate: the parties agree on the rent, which usually varies with the area, the stratum, whether it is covered or uncovered, and nearby demand. Compare similar listings in your area and put the amount in writing, along with the payment date (verify with the official source).

❓ Must I charge the tenant of the parking space 19% VAT?

It depends on your situation. The service is taxed, but a natural person not responsible for VAT under paragraph 3 of article 437 of the Estatuto Tributario must not charge or invoice it. If you exceed the thresholds or have several establishments, consult an accountant (verify with the official source).

❓ Can I rent a parking space that is common property for exclusive use?

Generally, not freely. Common property for exclusive use and visitor parking (article 22 of Law 675) cannot be rented to outside third parties as if they were private. Review your rules and consult the administration or assembly before offering it (verify with the official source).

❓ Where can I post my parking space to rent it directly?

You can advertise it in free classifieds such as Colombia Move, Facebook Marketplace or neighbors' WhatsApp groups. Include dimensions, height, location, type of security and clear photos of the access. This filters out casual lookers and brings messages from people genuinely interested in your space.