Cap. 604 Art. 11Withdrawal by the lessee in the case of long private residential leases. 

(1) The lessee may not withdraw from a long private residential lease before the lapse of:

(a) six (6) months in the case where the lease is for a period of less than two (2) years;

(b) nine (9) months in the case where the lease is for a period of two (2) years or more but less than three (3) years; or

(c) twelve (12) months in the case where the lease is for a period of three (3) years or more:

Provided that if the lessee withdraws from a long private residential lease before the lapse of the period stipulated in sub-article (1), the lessor may retain an amount not exceeding one (1) month’s rent from the deposit left by the lessee by way of security, so however, that the lessor may still proceed against the lessee to collect any other amount due by him:

Provided further that sub-article (1) shall be without prejudice to the lessor’s right to demand the termination of the lease in case of the lessee’s non-fulfilment of any one (1) of his obligations.

(2) From the lapse of the periods mentioned in sub-article (1) onwards, the lessee may withdraw at any time by giving notice to the lessor, by registered letter:

(a) at least one (1) month before in the case where the lease is for a period of less than two (2) years;

(b) at least two (2) months before in the case where the lease is for a period of two (2) years or more but less than three (3) years; or

(c) at least three (3) months before in the case where the lease is for a period of three (3) years or more.

(3) The parties may agree to stipulate more advantageous conditions for the lessee in connection with the withdrawal of the lease.

(4) No penalty may be imposed on the lessee for exercising his rights of withdrawal according to the periods stipulated in sub-article (1).

(5) In the absence of an adequate serving of notice, the lease shall be deemed not to have been terminated by the lessee:

Provided that for the purpose of proving the fulfilment of the lessee’s obligation under sub-article (2), it shall be sufficient for the lessee to provide evidence that the registered letter has been sent within the stipulated time, and to the correct address.

(6) In the case of the renewal of a long private residential lease in accordance with article 9(2), the lessee may not withdraw before the lapse of three (3) months from the start of the renewal period:

Provided that following the lapse of such time the lessee may withdraw from the private residential lease by giving notice to the lessor in accordance with sub-article (2)(a):

Provided further that this sub-article shall apply to each subsequent renewal of the lease.

(7) In the case of the renewal of a long private residential lease in accordance with article 9A, the lessee may not withdraw before the lapse of half the period specified in sub-article (1), according to the duration of the express renewal agreed by the parties:

Provided that following the lapse of such time the lessee may withdraw from the private residential lease by giving notice to the lessor in accordance with sub-article (2).