A One-Year Lease With an Exit Clause
The landlord, a retired teacher, offers a one-year lease at US$900 a month.
Picture a couple named Myra and Leo, 68 and 70. Myra spent thirty years as a school librarian. They have found a bright one-bedroom apartment in a coastal town in Spain, with a lemon tree in the courtyard. The landlord, a retired teacher, offers a one-year lease at US$900 a month.
Leo was ready to sign. Myra had a date on her mind. Their daughter's baby was due in Ohio about five months after they would arrive.
"If the baby comes early, I want to be on a plane the next day," she said.
"Five months is close to six," Leo said. "Maybe we wait."
The landlord had a good reason for a firm lease. An empty apartment can be slow to fill. When Myra asked about leaving early, he explained what he knew. In Spain, a tenant may leave after six months by giving thirty days' written notice. A lease may ask for one month's rent for each year left, in proportion for part of a year. Before the sixth month, a landlord may ask for the rent up to month six.
Myra counted on her fingers. The baby was due in month five. She would leave one month too soon.
She asked whether the lease could say, in writing, that they might leave after month four with thirty days' notice and one extra month's rent. The landlord looked at the calendar on his wall, and said yes.
| If Myra and Leo leave... | What they could owe beyond the notice month |
|---|---|
| At the end of month 3, with no clause: rent through month 6 | 3 months at US$900 = US$2,700 |
| At the end of month 8, if the lease has the usual compensation: 4 months left is one third of a year | One third of US$900 = US$300 |
| After month 4, under the clause Myra asked for | One extra month = US$900 |
The rent is an illustration, and the rules shown are the ones for Spain as described in a published guide. Leases differ.
You could…
- Ask the landlord what the lease says about leaving early, and ask to see it in writing.
- Mark the sixth-month date on a calendar next to any date you know you may travel.
- Ask a local lawyer or a tenants' group to read the lease before you sign, since rules differ by country and by year.
When did your own plans change after you signed something? Share it in the comments. Someone reading may be holding a lease with a date on it.
Figures are estimates for planning, based on public data.
Sources: a published question-and-answer guide to tenant rules in Spain. A local lawyer could confirm the terms for your lease.
Tell us in the comments