Free template for resolving a lease contract

Resolving a lease contract in Peru does not have to be expensive or end up in court. The key is knowing under which regime the contract was signed (classic Civil Code or Legislative Decree No. 1177) and following the correct form of communication. This guide explains when you can resolve without penalty and provides a notarial letter template ready to be customized.

Resolution, rescission and resciliation: three different concepts

The Peruvian Civil Code distinguishes three ways to end a contract:

• Resolution (articles 1371 to 1389): invoked for a legal cause, typically a breach by one of the parties.
• Rescission: takes effect from the contract's signing and requires a cause concurrent to signing (rarely used in leases).
• Resciliation or mutual dissent: both parties agree to nullify the contract.

In practice, tenants typically use resolution (when there is a landlord breach) or mutual dissent, which is the fastest route.

Legal framework according to the contract regime

Civil Code regime

Applies to contracts signed without using the DL 1177. The term and termination causes are those agreed; if the contract does not provide for early exit, the tenant must comply with the term or negotiate with the landlord.

Legislative Decree 1177 regime

DL 1177 created the Single Lease Form (FUA) and special figures: simple lease, lease with purchase option, and real-estate leasing. It allows, among other things, express eviction before the Judiciary in case of non-payment. Resolution is also handled with a FUAO recorded in the Administrative Registry of Residential Leases (RAV) before a notary.

When you can resolve without paying a penalty

1. For landlord breach

Article 1681 of the Civil Code requires the landlord to deliver the property in serviceable condition, keep it in that state and ensure the tenant's peaceful use. If they fail (serious leaks, structural failures, lack of services), the tenant may request resolution by notarial letter.

2. By mutual dissent

The parties sign a record nullifying the contract on a specified date, return the security deposit and grant each other a mutual release.

3. When the contract provides for early exit

If the contract includes a clause allowing the tenant to terminate with 30 or 60 days' prior notice, just comply with the timing and form of the communication.

4. For force majeure

Events such as an earthquake that makes the property uninhabitable, a documented mandatory job relocation, or the death of the holder are usually accepted as causes for termination without penalty, especially when the contract does not regulate them.

Notarial letter template for resolution due to breach

Lima, [date].

Mr. [Landlord's name],
Address: [landlord's domicile].

Subject: Resolution of the lease contract for the property at
[address], signed on [date].

By means of the present, given the breach of the landlord's
obligations set out in article 1681 of the Civil Code —specifically
[describe the breach: e.g., leaks not addressed despite prior
requests on [date]—, in my capacity as tenant I hereby communicate
the resolution of the referenced contract, pursuant to article 1429
of the Civil Code.

The resolution will take effect on the fifteenth (15th) calendar day
counted from receipt of this letter, on which date the property will
be handed over with a record signed by both parties. I request the
return of the security deposit in the amount of S/ [amount] within
the seven (7) days following the handover.

Sincerely,
[Tenant's name and signature]
DNI [number].

The letter must be processed through a notary; in Lima the cost ranges between S/ 50 and S/ 120, depending on the notary.

Step-by-step process

1. Reread the contract and check under which regime it was signed (Civil Code or DL 1177).
2. Gather evidence of the breach or draft the mutual dissent proposal.
3. Send the notarial letter to the landlord's address. The receipt date marks the start of the term.
4. On the agreed date, hand over the property with a signed record including inventory and photographs. Note Sedapal, electricity and gas readings.
5. Request the return of the deposit in writing and keep proof of bank transfer or Yape.
6. If the contract was registered in the RAV, formalize the deregistration before the notary who handled the FUA.

What to do if the landlord withholds the deposit

The security deposit does not belong to the landlord: it only covers pending obligations (last month of utilities, repairs for damage not attributable to normal use). If they withhold it without justification:

• Send a second notarial letter requesting the return within a strict deadline.
• If they persist, file a claim for the obligation to pay a sum of money before the Judiciary. Smaller amounts (up to 100 URP) go to justices of the peace with a streamlined process.
• In parallel, you can report it to Indecopi if there were abusive clauses in a pre-printed contract.

Best practices for a clean exit

• Pay every month by transfer, with a clear concept.
• Keep signed copies of the contract, addendums and proof of payment for arbitrios, predial and maintenance if you were responsible.
• Prepare a handover record with photographs of the actual condition of the property.
• Coordinate with the homeowners association the removal from the list of occupants and the return of access cards.

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