Commercial premises eviction in Colombia: six-month notice, grounds, and tenant rights

Quick answer: The eviction notice (desahucio) is the warning given by the landlord, at least six months prior to the contract expiration, when they do not wish to renew a lease for a commercial premises. But take note: this deadline does not apply to just any reason or any tenant. Here I explain when it applies, what happens if it is not given, and what changed with Law 2625 of 2026.

This is a recurring doubt between property owners and merchants: one believes a three-month letter is enough, the other believes they can never be evicted. Neither is entirely right. The regulations are in articles 515 to 524 of the Commercial Code, and it is worth reading it calmly before signing or sending any document.

When the right to renewal exists

Article 518 states that a business owner who has occupied, under a lease, a property for at least two consecutive years with the same commercial establishment has the right to contract renewal at its expiration, except for the exceptions within that same rule. Notice the detail: it is "not less than two years," not "more than two years." Two consecutive years are enough.

There are three conditions that must be met together: that the tenant is a business owner, that they use the premises for the same commercial establishment, and that they have been there for that period without interruption. A commercial establishment is a set of assets organized by the business owner to carry out their business goals. Therefore, an office or premises without such an establishment behind it is not automatically covered by these articles. And if you have a warehouse, that is a different conversation: see the guide on how to lease or sell industrial warehouses, without mixing the two regimes.

The three grounds for non-renewal

The landlord can only refuse to renew in three cases from article 518:

1. When the tenant has breached the contract.
2. When the landlord needs the properties for their own residence or for their own establishment of a substantially different company.
3. When the property must be rebuilt, or repaired in such a way that it cannot be done without delivery or vacating the premises, or demolished due to ruin or for new construction.

And anything not on the list is not a valid ground. Wanting to increase the rent, selling the property, or simply "needing the premises" without falling into points 2 or 3 is not, in itself, a valid reason to deny renewal. If there are disagreements over the conditions upon renewal, article 519 refers them to verbal proceedings with expert intervention; the law does not set a cap or a formula for the rent.

The six-month notice and what happens if it is not given

Article 520 requires that the landlord evict (notify) the tenant at least six months before the contract expiration date, but only under grounds 2 and 3. Breach (ground 1) is not subject to that six-month rule.

If in those two cases the landlord does not provide notice on time, the contract is considered renewed or extended under the same conditions and for the same term as the original contract. The exception is when the property must be occupied or demolished by order of a competent authority.

The person who gives the eviction notice is the landlord. The text consulted does not specify certified mail, a notary, or a specific letter format. Even so, my practical advice is to leave written proof of the date on which the notice is delivered: it is not a formality required by law, it is simply prudence. And watch the word: "desahucio" is the advance notice; recovering the property if the occupant does not hand it over is a different judicial process that this article does not describe.

Article 522 compensation: it is not automatic

There is a lot of myth here. Not every non-renewal generates compensation. Article 522 contemplates it when the landlord does not give the premises the intended use they invoked, or does not begin the work within the three months following delivery. It also applies if, in those same cases, they lease the premises or use them for activities similar to those of the outgoing tenant.

When applicable, the estimate is made by experts and includes:

• lost profits,
• essential expenses for the new installation,
• severance pay for workers dismissed due to closure or relocation,
• the current value of necessary and useful improvements.

There is no fixed figure in the law, so be wary of anyone charging you a "legal" amount. If someone demands compensation verbally and those assumptions are not met, there is no appraisal or agreement to support it: you do not pay for intimidation. Verify who is charging and check the contract before handing over a single peso.

Regarding the delivery of the property: the guide on locative repairs and painting is for housing (Law 820). In commercial premises, the contract and what article 522 says about improvements prevail.

Preference if the premises are rebuilt

If the property is repaired, rebuilt, or a new construction is built, article 521 gives the tenant preference under equal circumstances, without premiums other than the rent. If there is disagreement, the rent is set by experts. The landlord must report the delivery date at least sixty days in advance, and the merchant responds whether they exercise the preference at least thirty days in advance. If there are fewer premises than before, the oldest tenants prevail.

Relocation notice: the new feature of Law 2625 of 2026.

The Law 2625 of 2026, enacted on August 24, 2026, added a paragraph to article 518 and has been in force since its enactment and promulgation. After the lease ends, the tenant can post a visible notice inside the premises with their new location and commercial references. The rules:

• Size no larger than 1,600 cm².
• For one month counted from the restoration of the property, not from the termination of the contract.
• If there is remodeling or demolition, they can fix it on the outer door.
• The cost is paid by the previous tenant.
• Landlord, lessor, new tenant, and third parties cannot object.

Objection can lead to a fine of one current legal monthly minimum wage, imposed by the Superintendency of Industry and Commerce after an investigation. If you are a landlord, do not take it as a minor formality: covering up or removing that notice can be costly for you.

What cannot be agreed upon to the contrary and subleasing

Article 524 is blunt: against the provisions of articles 518 to 523, no stipulation by the parties produces effects. That is to say, a "renunciation of renewal" clause is not a guarantee that the owner can take for granted.

Regarding subleasing, article 523 prohibits total subleasing without express or tacit authorization from the lessor, and prohibits a destination that harms their rights. The tenant could sublease up to half, with the same limitation. Assignment is valid when authorized by the lessor or is a consequence of the sale of the commercial establishment.

This is not Law 820

A common mistake is applying residential lease terms to commercial properties. Law 820 of 2003 applies to urban property leases intended for housing, as indicated in its article 1. If your case involves an apartment, it is better to read the guide for landlord termination letter and prior notice. For a commercial space housing a business, the articles of the Commercial Code explained above apply. Since the situation for every contract varies, it is advisable to consult with a lawyer before taking action.

If you have already recovered the property: how to offer it again

Once the property is vacant and legally available, a good advertisement saves you from calls from curious people. Include rent, area, permitted use, what the lease includes, and real photos of the facade and interior. According to the active ads on Colombia Move (October 3, 2026), there are 9 active ads in the office category, of which 3 are recent. This is an internal figure for the site, not a national statistic. If the property is used for real estate activity, also check the CIIU code 6810.

Frequently Asked Questions

❓ Does the six-month notice apply every time the owner does not want to renew?

No. It only applies in cases 2 and 3 of article 518: owner's need or reconstruction and demolition. Tenant default does not fall under this six-month rule. Each case depends on the cause actually invoked by the owner (verify in the official source).

❓ What happens if the owner does not provide six months' notice?

In cases 2 and 3, the contract is considered renewed or extended under the same conditions and for the same term as the initial contract. The exception is when the property is occupied or demolished by order of a competent authority (verify in the official source).

❓ With exactly two years, is there already a right to renew?

Yes, provided the other conditions are met. Article 518 requires no less than two consecutive years with the same commercial establishment. Additionally, the tenant must be a business owner; an office without a commercial establishment is not covered automatically (verify in the official source).

❓ Is wanting to sell the property or raise the rent grounds for non-renewal?

No, those reasons are not in the list of article 518. Only breach of contract, the owner's need for housing or a substantially different business, and reconstruction, repair, or demolition are grounds (verify in the official source).

❓ Is loss of profit compensation always paid when the merchant leaves?

No. It only proceeds under the cases of article 522, for example, if the owner does not give the premises the intended use or does not begin construction within three months. The value is estimated by experts; the law does not provide a fixed figure (verify in the official source).

❓ Can I leave a relocation notice now, and what size?

Yes, since Law 2625 of 2026, enacted on August 24, 2026: a notice of up to 1,600 cm² for one month starting from the restitution, paid for by the person leaving. Opposition may result in a fine of one current legal monthly minimum wage (verify in the official source).

❓ Do Law 820 and its timelines work for my commercial space?

No. Law 820 of 2003 is for urban residential leases. A space with a commercial establishment is governed by articles 518 to 524 of the Commercial Code, so you should not copy residential deadlines (verify in the official source).