Rental agreements have a duration agreed between the landlord and tenant, although the law establishes minimum terms. But what happens if you need to leave the property early due to illness? Can the landlord require you to pay rent for the full duration of the lease?
What does the law say about terminating a lease early?
As stated in Article 11 of the Urban Leases Law (LAU), the tenant can terminate the lease early, specifically after at least six months, provided they give the landlord at least 30 days' notice. If you leave before six months, the landlord can ask you to pay the remaining rent until the six months are up, in addition to compensation.
How much compensation is paid for leaving a rental agreement early?
The law allows for compensation of one month’s rent for each year remaining on the contract, with shorter periods calculated proportionally. However, for this to apply, it must be expressly included in the rental agreement. If the clause is not stated in the contract, no compensation is payable.
To better understand this, consider an example. A tenant signs a three‑year lease with a rent of €1,000 per month and leaves the property after five months. They would still need to pay the remaining month to meet the legal minimum stay of six months, in addition to any agreed compensation for early termination.
In this case, the tenant would pay compensation for the remaining two years and seven months of the contract, amounting to approximately €2,583, plus the extra month to complete the six‑month minimum. In total, the cost could reach around €3,583.
So what happens if you have to leave your rental due to illness?
Illness in itself is not recognised by the Urban Leases Act (LAU) as a force majeure event that automatically releases the tenant from their contractual obligations. However, this does not mean you are entirely unprotected if a serious health condition prevents you from continuing to pay rent.
The best first step is always to speak with the landlord and explain the situation. In many cases, when faced with a justified circumstance such as a serious illness, landlords may be willing to reach an amicable agreement – reducing or even waiving the compensation.
If an agreement is reached, it is advisable to put it in writing to avoid any future disputes, particularly once the keys have been returned.
In summary, the landlord cannot require payment of all the rent due until the end of the contract. If the tenant terminates the lease after at least six months, the law allows compensation of up to one month’s rent for each year remaining on the contract (or a proportional amount), provided this clause is expressly included in the agreement.
The importance of giving notice in advance
One of the most common mistakes is leaving the property without formal notification. Even in cases involving a valid reason, such as health issues, the tenant should provide written confirmation of their decision and comply with the legally required notice periods.
It is advisable to send a registered letter or a verifiable communication stating:
- The intention to terminate the contract.
- The planned departure date.
- The reason (if you wish to explain).
- Availability to hand over keys and carry out a property inspection.
Acting in good faith can prevent future conflicts and facilitate agreements between both parties.
What about the deposit?
The landlord can withhold part of the deposit if there is damage to the property or outstanding amounts, but cannot use it indiscriminately to collect full years of rent.
