To talk about what is legal and what is not when renting a property, in Metrocuadrado.com we invite the lawyer and advisor in real estate law Ivan Daze.
According to the lawyer, the first thing to do before leasing is to identify the type of use of the property (if it is going to be for residential or commercial use), since the requirements depend on it.
The Law 820 of 2003, together with Articles 1973-2078 of the Civil Code, contain all the rules for leasing housing.
On the other hand, the leasing of commercial real estate is governed by articles 518 to 533 of the Commercial Code.
In this regard, the guest Ivan Daze resolved some doubts and gave some advice.
• It is important to know who is renting the property and if they are the owner or have permission to do so, in order to avoid inconveniences in the future.
• Also, it should be known “that deposits are not legal in Colombia, nor are they allowed”, therefore, if the landlords request it, they can be sanctioned by the Habitat Secretariat.
• For early termination of the contract, the law contemplates three causes: sale of the property, needing the property to inhabit it, or breaches of the contract.
• It is not possible to collect advance leases.
• Once the lease is terminated, the tenant is not obliged to deliver the painted property.
• Reconciliation is the fastest way to recover a property that a tenant refuses to deliver.
We invite you to watch the video of the complete interview to answer more questions regarding leases.