Termination of a rental contract mallorca

In Mallorca the duration of a rental contract is usually of one year and possibly renewable for a minimum of 3 years and maximum of 5 more years, but even after the extension has been agreed, both the landlord and the tenant may put an end to it before its specified duration, as long as it is done under the necessary legal requirements.

From the tenant’s side, the obligation is to stay in the rented property for at least 6 months (regardless of the agreed contract duration), after which they may choose to discontinue the contract, for any reason, as long as at least 30 days notice is given to their landlord. Some contracts may stipulate a penalty for this situation, which could not be higher than a sum equal to one month’s rent for each year of the contract pending to be fulfilled and for lower time periods, a proportional compensation.

The owner/landlord can only request an earlier termination in two situations, which do not include selling the property:

  • If there is a breach of contract from the tenant, or
  • If after the first year of contract the property is needed for the landlord’s personal use or for a 1st degree (immediate) family member (son, daughter, mother, father or spouse, even if separated/divorced).

The first situation can happen if the tenant does not comply with their obligations: does not pay the rent, or causes damage to the property, or sublets the property without permission, or constantly causes disturbance to the community, or carries out illegal activit