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What to do if the landlord asks you to vacate the apartment before the lease expires - La Nacion Propiedades
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www.lanacion.com.ar
February 20, 2026
Although Decree 70/2023 allows the landlord to include additional grounds for termination in the contract, if these are not agreed upon, only the tenant can terminate the lease early.
Only the tenant has the right to terminate the contract earlyShutterstock
When a landlord asks a tenant to vacate the apartment before the lease expires , the first reaction is usually bewilderment. Can they do that? Should the tenant agree? What does the law say after the changes introduced by Decree 70/2023?
The starting point is Article 1221 of the Civil and Commercial Code: only the tenant has the right to terminate the contract early without needing to justify their decision. “The landlord does not have this right, unless it is expressly stipulated in the contract,” explains Enrique Abatti, a lawyer specializing in Real Estate Law and president of the Argentine Republic's Chamber of Property Owners. This means that if the owner intends to recover the property before the agreed-upon term, they can only do so if there is a specific clause that allows it and clearly establishes the reason.
Only the tenant has the right to terminate the contract early without needing to justify their decision.CrizzyStudio - Shutterstock
Decree 70/2023 expanded the principle of freedom of contract by incorporating the possibility for landlords to include additional grounds for early termination in the lease agreement. Previously, landlords could only terminate the contract for tenant breaches such as changes in the property's intended use, lack of maintenance, abandonment, or non-payment of rent and related charges for two consecutive periods. Now, if expressly agreed upon, landlords can add any other grounds they deem appropriate. “With the reform, a clause was added that allows termination for any cause specified in the contract. This didn't exist before. Now the possibilities are endless, provided they are clearly stated,” explains Abatti.
The situation is different when the tenant breaches the contract . In that case, the landlord can terminate the lease, but must prove the grounds for termination and follow the corresponding legal procedures. In such cases, the law does not require compensation to be paid to the tenant.
When there is a breach of contract by the tenant, the landlord can terminate the lease, but must prove the cause and follow the corresponding legal procedures.Antonio Guillem - Shutterstock
In short, if the landlord requests the apartment to be vacated early, the first step is to review the contract. If there is no clause allowing for this, the tenant is under no obligation to leave. If such a clause exists, it should be analyzed whether the reason given aligns with the agreed-upon terms. And if neither of these situations applies, negotiation remains an option, which may include financial compensation.
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Qué hacer si el dueño te pide el departamento antes de que venza
Si bien el DNU 70/2023 habilita al locador a incluir en el contrato causas adicionales de rescisión, de no estar pactadas es el inquilino quien solamente puede finalizar anticipadamente el alquiler
www.lanacion.com.ar
February 20, 2026
Although Decree 70/2023 allows the landlord to include additional grounds for termination in the contract, if these are not agreed upon, only the tenant can terminate the lease early.
Only the tenant has the right to terminate the contract earlyShutterstock
When a landlord asks a tenant to vacate the apartment before the lease expires , the first reaction is usually bewilderment. Can they do that? Should the tenant agree? What does the law say after the changes introduced by Decree 70/2023?
The starting point is Article 1221 of the Civil and Commercial Code: only the tenant has the right to terminate the contract early without needing to justify their decision. “The landlord does not have this right, unless it is expressly stipulated in the contract,” explains Enrique Abatti, a lawyer specializing in Real Estate Law and president of the Argentine Republic's Chamber of Property Owners. This means that if the owner intends to recover the property before the agreed-upon term, they can only do so if there is a specific clause that allows it and clearly establishes the reason.
Only the tenant has the right to terminate the contract early without needing to justify their decision.CrizzyStudio - Shutterstock
Decree 70/2023 expanded the principle of freedom of contract by incorporating the possibility for landlords to include additional grounds for early termination in the lease agreement. Previously, landlords could only terminate the contract for tenant breaches such as changes in the property's intended use, lack of maintenance, abandonment, or non-payment of rent and related charges for two consecutive periods. Now, if expressly agreed upon, landlords can add any other grounds they deem appropriate. “With the reform, a clause was added that allows termination for any cause specified in the contract. This didn't exist before. Now the possibilities are endless, provided they are clearly stated,” explains Abatti.
When the owner wants to terminate
What happens if the landlord tries to terminate the lease without valid cause or without a clause allowing it? The answer is simple: they can't. The tenant is not obligated to accept early termination of the property. They can only do so if both parties reach a voluntary agreement, usually accompanied by compensation. In practice, many contracts already include pre-established compensation for these cases, such as the equivalent of several months' rent or a fixed sum in pesos or dollars.The situation is different when the tenant breaches the contract . In that case, the landlord can terminate the lease, but must prove the grounds for termination and follow the corresponding legal procedures. In such cases, the law does not require compensation to be paid to the tenant.
When there is a breach of contract by the tenant, the landlord can terminate the lease, but must prove the cause and follow the corresponding legal procedures.Antonio Guillem - Shutterstock
Changes for the tenant
Meanwhile, the situation has also changed for tenants . Previously, they had to wait six months to terminate the lease and pay a reduced penalty depending on the timing. With the reform, they can do so at any time , although with a higher penalty: 10% of future rent. However, since it's not a mandatory rule, the parties can agree on different terms. "I usually stipulate that the tenant can terminate only after three months, and with compensation similar to the previous system," says Abatti, emphasizing that contractual freedom allows for adjusting the contract to the specific circumstances of each case.In short, if the landlord requests the apartment to be vacated early, the first step is to review the contract. If there is no clause allowing for this, the tenant is under no obligation to leave. If such a clause exists, it should be analyzed whether the reason given aligns with the agreed-upon terms. And if neither of these situations applies, negotiation remains an option, which may include financial compensation.
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