What Is Preaviso and Why It Matters
Preaviso is the 3-month advance written notice required under Colombian rental law to end or not renew a residential lease. It applies to both the tenant and the landlord equally — neither party can end a 12-month-or-longer lease with less than 3 months' notice.
Most foreigners discover preaviso at the worst moment — when they're ready to leave and assume 30 days notice is enough. It's not. Miss the window and you're liable for up to 3 months' rent in penalties under Ley 820 Article 22.
How to Deliver Preaviso Correctly
Colombian law requires written notice but is flexible on the delivery method. The key is creating a timestamped record that you delivered notice on a specific date. Valid methods:
| Method | How to Document | Strength of Evidence |
|---|---|---|
| WhatsApp message | Screenshot with date + read receipt (blue ticks) | Strong — courts accept |
| Send to landlord's documented address, keep sent receipt | Strong — timestamped | |
| Written letter | Deliver in person, ask for signed acknowledgment copy | Strongest for disputes |
| Certified mail (Servicios Postales) | Keep tracking receipt | Strongest for adversarial cases |
A conversation — even witnessed — is not preaviso under Colombian law. Written notice with a documented date is required. "My landlord agreed verbally" will not protect you in a dispute.
The Move-Out Process Step by Step
- Give written preaviso at least 3 calendar months before your intended exit date
- Confirm the move-out date in writing with your landlord
- Request a pre-move-out inspection 2–4 weeks before exit — lets you fix issues before the final walkthrough
- Take final utility readings on exit day — photograph meters
- Complete the move-out acta — compare against your move-in inventory item by item
- Return all keys — document which keys were returned
- Demand deposit return within 30 days — Ley 820 requires return or itemized deductions within 30 calendar days
Deposit Deductions: What's Legal and What Isn't
Your landlord can only deduct documented damage that goes above normal wear and tear (desgaste normal). Ley 820 Article 15 explicitly prohibits deducting normal wear from deposits.
- Legal deductions: Holes in walls beyond standard picture hooks, broken fixtures, stains that can't be attributed to normal use, missing inventory items
- Illegal deductions: Repainting naturally aged walls, replacing normally worn carpets, cleaning that constitutes routine maintenance
The detailed inventory you took on move-in day is your primary defense against improper deposit deductions. Items that were already damaged when you arrived cannot be charged to you on exit. Photo-document everything on day one.
What If You Need to Leave Early (Without Full Preaviso)?
Life happens. If you need to leave before your lease ends and can't give 3 months notice:
- Negotiate directly with the landlord — many will agree to early release if you help find a qualified replacement tenant
- Sublet (only if your lease allows — most Colombian leases prohibit subletting without written landlord consent)
- Compensate — offer 1–2 months rent as good-faith compensation for early exit; often cheaper than the 3-month penalty
- Know your worst case: the maximum penalty is 3 months rent — not unlimited liability
Frequently Asked Questions
Preaviso is the 3-month written notice required to end or not renew a Colombian residential lease. It applies to both tenants and landlords equally. The legal basis is Ley 820 Article 22.
You may be liable for up to 3 months of rent as a penalty under Ley 820. Your landlord can pursue this through the rental authority. Negotiating early release with the landlord is usually preferable to litigation.
Yes. Colombian courts accept WhatsApp messages with timestamps and read receipts as valid written notice. Screenshot the message showing the date sent and the double blue tick confirming delivery and reading.
At month 9 at the latest — 3 full calendar months before the lease end date. If your lease ends December 31, you must give notice by September 30.
30 calendar days after the lease ends and keys are returned, under Ley 820. If deductions are made, they must be itemized in writing. Normal wear and tear (desgaste normal) cannot be deducted.