More than 7.3 million families in Colombia, representing more than 40% of the national total, currently live in rent. This figure places the country at the forefront of Latin America in terms of the percentage of families that choose renting as an alternative to housing. For this reason, rental contracts in Colombia have gained central importance as a tool to regulate the relationship between owners and tenants and also as a mechanism to guarantee rights and prevent violations.
Recent updates in monitoring and penalties for improper charges, coupled with the obligation to comply with all payments associated with a lease, have reinforced the need for a comprehensive understanding of the rules governing this type of agreement.
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Renting has established itself as a major option for both those seeking independence or who do not have access to their own home, and for those who find a stable source of income in renting. However, the relationship between landlords and tenants is not always transparent. Illegal practices continue, such as requiring additional deposits or payments to sign a contract, prompting authorities to intervene. The Ministry of Housing and mayors are implementing stricter measures to monitor these fees and protect tenants, who now have formal and effective mechanisms to report violations.
The legal framework regulating urban housing leases in Colombia is established by Law No. 820 of 2003. The standard specifies the conditions under which contracts must be concluded, executed and, if necessary, terminated. Among its provisions, the law gives landlords legal tools to ensure compliance with tenants’ economic obligations, while protecting tenants’ stability.
In light of this, the Ministry of Housing says so Contracts must be clear and transparent, specifying the monthly fee, payment dates and methods, and responsibilities for public services and maintenance.The duration of the contract and conditions for its termination.
One of the most common and at the same time prohibited practices is the collection of excessive deposits, advances or deductions not provided by law as a condition for the delivery of property. Current regulations expressly prohibit owners or real estate agencies from demanding additional amounts beyond what has been agreed in the contract. The goal is to prevent abuses and protect tenants from irregular conditions.
The authorities have strengthened monitoring of these accusations and announced new mechanisms so that tenants can officially report any inappropriate requests.
The penalties for improper charges for those who do not comply with these provisions are severe. Landlords or real estate agencies who charge inappropriate fees could face fines of up to 100 the current legal minimum monthly wage, which equates to more than $142 million in 2025. In addition to the financial penalty, the authorities can order the return of irregularly collected funds.
The warning is clear: ignorance of the rule does not exempt from responsibility. Real estate law experts recommend carefully reviewing contracts and procedures before concluding any rental agreement.
Complying with the financial obligations in a lease goes beyond paying the monthly fees on time. In cases where the property is located in an apartment complex, the tenant is usually also responsible for paying the costs of management and household general services. Although these obligations are sometimes considered secondary, non-compliance can have relevant legal consequences.
Thus, Article 22 of Law 820 of 2003 states that non-payment of these obligations may be grounds for termination of the contract, even if the fees are paid on time. The Habitat Area Secretariat in Bogotá noted this Compliance with the fees does not relieve the tenant of other responsibilities associated with the home, The accumulation of debts or interruption of public services enables the owner to terminate the contract, while following legal procedures.
If inappropriate fees are charged, tenants have protection mechanisms. If they see that an illegal amount is being charged from them, they can file a complaint with the mayor’s office of the municipality or district, or with the Supervision Authority for Industry and Commerce (SIC). If the authority verifies the violation, it will impose corresponding penalties and order the return of the funds. These measures seek to balance the relationship between landlords and tenants, thus ensuring access to rental housing under fair conditions and within the legal framework.
To prevent disputes and protect their rights, both landlords and tenants must adopt good practices. It is necessary:
- Review the contract before signing it,
- Ensure that only terms permitted by law are included,
- Keep signed copies of the contract and all proof of payment.
These documents serve as support in the event of potential claims. Experts recommend that real estate owners update their contracts and procedures, as ignorance of the rule does not exempt them from penalties.
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