Real estate

Termination of a residential lease agreement: when, how, and with what notice period

23 October 2026 / Regent Split

Summary

An apartment lease agreement may be terminated only in the manner and for reasons prescribed by law and the agreement itself, and the termination must be in writing and demonstrably delivered to the other party. The tenant may terminate an open-ended agreement with at least three months' notice, while the landlord may terminate only for reasons recognized by law, usually with prior warning, with a notice period of three (or six) months. The notice period runs from the first day of the month following the month in which the notice was received. In this guide, we break down who may terminate, when, with what notice period, and how to properly deliver the termination.

Key facts

Termination must be in writing and verifiably delivered to the other party.
The tenant terminates an indefinite contract with at least three months' notice.
The landlord can terminate only for legally recognized reasons, generally with a 30-day notice.
The notice period is three months, and six months when the landlord terminates for their own occupancy.
The notice period runs from the first day of the month following the month in which the termination was received.
Eviction is not carried out unilaterally, but through legal proceedings.

Lease termination is a common source of misunderstandings, most often because parties rely on an agreement or a single sentence from the contract, rather than on what the law prescribes. The notice period, reasons, and procedure in Croatia are regulated by the Tenancy Law (Narodne novine, no. 91/96, 48/98, 66/98, 22/06, 68/18, 105/20 and 36/24), and these very rules determine whether the termination is valid.

Below, we explain what the notice period depends on, how the tenant and landlord give notice, for what reasons and with what warning, how to deliver the notice to be effective, and what follows afterward. The text describes the general framework; as regulations can change and each case has its specificities, it is advisable to check the current situation with a lawyer before sending a termination notice.

What the notice period depends on

What you are allowed to do and when is determined by three things: the type of contract, who is terminating it, and the reason for termination. A fixed-term contract generally cannot be terminated at will; it ends upon expiration or can only be terminated for reasons prescribed by law or stipulated in the contract. If, after expiration, the tenant continues to use the apartment and the landlord does not object, the contract is considered extended indefinitely. An indefinite-term contract is easier to terminate, but with a notice period prescribed by law.

Contract provisions regarding termination are valid only if they are not contrary to mandatory regulations: a clause that would deprive the tenant of legal protection is not binding on them. Therefore, the first step is always the same — read the contract, and only then the law. Most disputes begin with a clause that no one read carefully. We write about what a lease agreement should contain in the guide how to properly draft an apartment lease agreement.

Professional advice: Before sending or receiving a termination notice, re-read the termination provisions of your contract and compare them with the law — if they differ, legal protection applies, not the clause; this is where landlords and tenants most often make mistakes.

When and how the tenant terminates the lease

A tenant who is moving usually has a simpler path. An indefinite-term contract can be terminated, but the tenant is obliged to inform the landlord at least three months before the date they intend to move out. The termination notice must be in writing, clearly state the contract it refers to, and the date from which the period is calculated. During the notice period, the tenant continues to pay rent and utilities until the handover of the apartment.

Before signing a termination notice, it is worth clarifying a few things in advance that later prevent disputes:

the date of apartment handover and condition report (meter readings, keys, potential damages),
what happens with the deposit or security and within what period it is returned,
who bears the costs until the handover date.

Professional advice: Send the termination notice in a way that you have proof of receipt and clearly state the move-out date in it — this fixes the beginning and end of the notice period, so there is no dispute about when you pay rent until.

When and how the landlord terminates the lease

The landlord has more limited options. They can terminate the contract only for reasons prescribed by the Tenancy Law — for example, if the tenant does not pay rent, sublets the apartment without consent, uses it contrary to the contract, disturbs other tenants, or makes alterations without approval. In these cases, termination is usually preceded by a written warning giving the tenant a 30-day period to remedy the reason; if remedied, the termination is withdrawn. The notice period then amounts to three months. Exceptionally, the landlord can also terminate without a warning if the tenant acts contrary to the contract or law more than twice, and in case of payment delays for two consecutive periods, they can terminate without adhering to the notice period — but the contract remains in force if the tenant settles the debt before the termination is communicated to them.

A special case is termination for personal occupancy: if the landlord intends to move in themselves or to move in their descendants, parents, or persons they are obliged to support, the notice period is six months, with additional legal conditions. In any case, the landlord must not resort to self-help — they cannot change the lock, cut off electricity, or remove the tenant's belongings. If the tenant does not move out after a valid termination, the only way is a court eviction process.

Professional advice: As a landlord, always base the termination on a specific legal reason and a prior written warning with a 30-day deadline — a termination without a valid reason or without a warning will be rejected by the court, and you will have lost months, whereas a proper procedure leads to eviction.

How to properly deliver a termination notice

A termination notice that the other party has not demonstrably received generally does not produce effect, so the notice period does not begin to run at all. The law requires written form, and in practice, the notice is delivered directly with the recipient's signature, by registered mail with a return receipt, or through a public notary. A regular email or message in a messaging application are not, by themselves, reliable proof that the termination was received, unless the contract explicitly provides for such a method of delivery.

Therefore, keep a copy of the termination notice, proof of sending, and proof of receipt. Without them, it is difficult to prove in a potential dispute when the period began to run — and that date determines until when the obligations from the contract last.

Professional advice: If a dispute is even remotely likely, deliver the termination notice by registered mail with a return receipt or through a public notary — a few extra euros and days are cheaper than months of uncertainty about whether the termination was validly delivered at all.

What happens after termination

After a validly delivered termination notice, a predictable course follows. The notice period runs from the first day of the month following the month in which the notice was received, and during this period, rent and utilities continue to be paid. At the end of the period, the apartment is handed over with a condition report, and the deposit or security is calculated and returned, reduced only for demonstrable costs or debts. If the apartment is not handed over, the landlord initiates court proceedings for eviction — self-help eviction is not permitted.

It is also worth knowing that a lease agreement drawn up or notarized (solemnized) by a public notary as an enforceable instrument can significantly shorten this path, as it allows for forced eviction without prior litigation — but only if the agreement was drafted as such from the beginning. We write about preparing such an agreement and protecting both parties in the guide apartment rental: what to know before signing.

Professional advice: If, as a landlord, you want security in case of potential eviction, consider a notarized enforceable lease agreement already at the time of signing — it cannot be subsequently converted into an enforceable instrument, and without it, eviction proceeds through lengthy litigation.

How Regent can help you

The most common problems with lease termination arise before the termination itself — in a vaguely drafted contract. As a rental intermediary, we help both landlords and tenants to clearly define termination reasons, deadlines, deposits, and handovers from the outset of the contract, and guide you on what needs to be clarified before signing. The termination notice itself, warnings, and any court proceedings are handled by a lawyer and a public notary, while we help you avoid disputes altogether.

For a rental with a clear contract and advice, see what renting with Regent looks like or contact us.

Frequently Asked Questions (FAQ)

Can I terminate the lease verbally?
No. Termination of an apartment lease agreement must be in writing, and verbal termination is difficult to prove. Written termination with proof of delivery is the only way to later prove when the notice period began to run.

What is the notice period for the tenant?
A tenant terminating an indefinite-term contract is obliged to inform the landlord at least three months before the date they intend to move out. During this period, they continue to pay rent and utilities until the handover of the apartment.

For what reasons can the landlord terminate the contract?
Only for reasons prescribed by the Tenancy Law — for example, non-payment of rent, subletting without consent, or using the apartment contrary to the contract — and usually with a prior written warning providing a 30-day period to remedy the reason. In such cases, the notice period is three months; when the landlord terminates for personal occupancy, the notice period is six months.

Can the landlord terminate because they found a higher rent?
Generally, no. The landlord's termination must be based on a legally recognized reason, and a higher offered rent is not such a reason in itself. Rent increase is possible within the framework of the contract, but it is not a basis for termination.

Is a termination sent by email valid?
It depends on the contract and whether receipt can be proven. The law requires written form, and delivery directly with the recipient's signature, by registered mail with a return receipt, or through a public notary is more reliable proof than a regular email or message.

When must the landlord return the deposit or security?
The deadline and conditions for return should be stated in the contract. If the contract is silent on this, the general rules of obligational law apply. The deposit is returned after the apartment handover, reduced only for demonstrable costs or debts (e.g., unpaid utilities or repair of damages).