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On April 15, the Government issued Decree 579 of 2020, which regulates what the lease contracts will be like, in the framework of the social emergency caused by the coronavirus pandemic. That is why, with the advice of expert lawyers in the field, we answer some questions that you may be asking yourself on this matter.
At the end of the quarantine I will not be able to continue paying the rent that I had, I have to find a cheaper one. Do I have to pay the fine that involves canceling my current contract?
Yes. All the obligations established in the lease contracts are in force, but with the issuance of Decree 579 of 2020, they are suspended until June 30, 2020. In other words, if after this date you wish to deliver the property before expiration of the term of the contract, you must effectively cancel the criminal clause as a result of breaching the contract.
What guarantees that once the contingency passes, the tenant will respond to me for the royalty that he stopped paying?
The initial and agreed guarantees in the lease, such as the assets of the lessee, the assets of the co-lessees and, if the insurance company exists.
Do I have to pay the rent once the pandemic ends?
Yes, the obligation to cancel the sum of money established as a lease must be canceled in its entirety once the pandemic ends. Decree 579 of 2020 at no time determined that the fees were forgiven or forgiven, only the term was extended.
What do I do if the contract is fulfilled and I must deliver the property?
The decree is very clear in that if the delivery date is in force, that is, from April 15 to June 30, it will be extended and will be made after June 30 and the lessor is under the obligation to receive it.
I need to give my apartment for rent because I have no way to pay and end the contract that I do not want to continue, what can I do?
You can inform your landlord, with a clear statement of reasons, and invite him to make a direct agreement. If this is not achieved, you must cancel the clause and sanctions established in the contract.
If I don’t have the money to pay and they ask me to evict, can they do it?
No, at no time can they evict you, they are suspended. After June 30, the lessor is empowered to initiate the corresponding action and recover the ownership of the property, adding that the order or execution of any eviction action ordered by the judicial or administrative authorities cannot be obtained. This is also for cases in which the term of the lease and / or its form of payment have been agreed for daily, weekly, or any fraction of less than a month.
Can you make removals?
Until April 27, removals and fretting are not allowed. It has not yet been defined if it can be done after that date, the decree that is issued with the extension of the quarantine will soon contemplate the possibility. However, this is unlikely since the municipal mayors do not want non-residents to arrive in their municipalities whose true health status is unknown.
If you have questions about this topic, you can ask them on EL TIEMPO’s social networks or at @LuisaMercadoD
LUISA MERCADO
POLITICAL DRAFTING
Instagram: @ luisamercado1
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