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Termination of the lease: step by step instructions. Lease Termination Agreement

In order to correctly understand how the termination of the lease occurs (the sample will be described and presented in the article below), you should consider the rules regarding any document of this nature, available in the legislation. They are indicated in article 450 of the Civil Code. lease termination

General norms

The conclusion of the contract and the fact of its termination are primarily certain forms of occurrence and termination of obligations. The main feature in this case is that these forms are fixed on paper. In this regard, there are quite strict rules and procedures in accordance with which the process of breaking relations between the parties is carried out. There are three ways by which the termination of the lease of the premises. These include:

Consider these methods in more detail.

Lease Termination Agreement

This method is considered the most acceptable, simple and convenient in terms of the implementation of legally significant activities. Termination of the lease in this way does not have to be based on negative circumstances. However, when terminating legal relations in paper, it is extremely important to indicate such moments as:

  • The reasons. The latter may, for example, be a voluntary decision of both parties, a change in circumstances, and so on.
  • Stage of contract execution.
  • Obligations of participants to make mutual settlements, to fulfill the obligations remaining at the time of termination of the relationship. In this case, you should indicate the specific period during which this will be carried out.
  • The tenant's obligation to return the property to the owner in a timely manner. If the process of postback is carried out at the time of termination of the relationship, then it is advisable to attach the acceptance certificate to the main documents. It should not only describe the property, but also put a mark on the absence / presence of claims. termination of the lease of non-residential premises

Registration procedure

If the contract has passed state registration, the agreement on its termination should also be subjected to this procedure. The registration procedure is fixed in Art. 651, 452 (paragraph 1) of the Civil Code. According to the general rule, the moment of termination by agreement of the participants is the date of signing the relevant agreement. However, the law allows the establishment of a different number. The date when the corresponding entry will be made to the State Register will be considered the moment at which the official termination of the lease.

Lawsuit

Legislation defines a number of cases in which claims to the judicial authority are allowed. In particular, these include situations of detecting violations of the terms of the contract by one of the participants and other circumstances provided for in regulatory enactments. Specific cases of violations by both the lessee and the lessor are described in Articles 620 and 619 of the Civil Code.

In case of their identification, the corresponding legal consequences occur. Legislation guarantees the right to protect one’s interests in case of infringement by their actions or inaction of the other party. The list given in Articles 620 and 619 is not considered exhaustive. Directly in the contract itself, other conditions may also be provided for its termination in court. This provision corresponds to the meaning of Art. 450 p. 2, as well as the principles enshrined in article 421 of the Civil Code. tenant termination

Possible violations

The tenant can terminate the lease in advance if:

  • After signing the document, the owner did not provide the property in accordance with the terms of the transaction.
  • The landlord creates obstacles to the use of the provided facilities for the intended purpose or under the terms of the contract.
  • Property transferred for use has shortcomings, which creates obstacles to normal activities. In this case, this reason can serve as a basis for termination of legal relations only if the owner, transferring the property, did not warn the user about defects, did not stipulate them in the contract. At the same time, the tenant himself did not know about the shortcomings in advance and should not have identified them when checking the property in the process of concluding a transaction.
  • The owner does not fulfill obligations to carry out capital repairs of the facility within the terms of the transaction or within a reasonable time.
  • Unforeseen circumstances arose in which the tenant’s liability was not foreseen, and property put into its use would no longer be suitable for further operation. termination of a lease agreement

Grounds for termination of the transaction by the owner

Termination lease of non-residential premises or other property by its owner is made in cases where the user repeatedly or substantially violates the terms of the contract. To determine the significance of violations, the owner should use the rules of the Civil Code. So, termination of the lease is possible if there is damage, as a result of which the owner has lost what he could count on when entering into these relations. It is the user's responsibility to operate the property in accordance with the terms of the contract. If it is violated, it is allowed to terminate the lease without the consent of the user. If the contract does not contain clearly defined operating conditions for the property, then it is carried out in accordance with the purpose specified by the parties. If it is not installed, then use is carried out in accordance with the usual purpose arising from the essence of the object.

Damage to property

The facilities should be operated in such a way that the owner gets them back safe and sound or in a state of normal wear and tear, typical for this type of activity and period of operation. For example, a redevelopment of a room (apartment, office) without the approval of the owner will be a significant deterioration in property.

Other cases

A situation is considered quite common when the user of the property several times (more than two) does not make payment for the use of the property at the specified time. Quite often, it is included directly in the terms of the contract. In this regard, only one non-payment of a fee is enough to make a reasonable termination of the lease. A sample document, in accordance with which the legal relations of the parties are terminated, must be completed in accordance with the procedure established by law.

Features of judicial review

If the termination of the lease was carried out at the initiative of the user, then the requirements contained in the last paragraph of Art. 619 Civil Code. According to them, an application to the court can be submitted only after the owner will be sent requirements to eliminate the identified violations within a reasonable time. Due to the fact that the legislation does not define a specific period, this concept is considered evaluative. A "reasonable time" should be determined individually in each case. sample notice termination of a leaseAs practice shows, the minimum duration of such a period is from 10 calendar days. In addition, before applying to court, in accordance with Art. 620, the user is not required to send claims to rectify violations to the owner. In this regard, the imperative and status of the provision of clause 2 of Article452 CC, according to which this condition is established as mandatory.

Unilateral order

Refusal to fulfill one of the obligations of one of the participants, in accordance with the general rules, is not allowed. This provision is considered a logical continuation enshrined in Art. 310 of the norm prescribing the inadmissibility of this action. However, if such a possibility is indicated in the terms of the document, then the refusal will be legitimate. Accordingly, the legal consequences of unilateral refusal will be the termination of the lease. The letter, a sample of which is presented below, should inform the other side of the measures taken. In this case, the so-called “extrajudicial order” takes place.

Rules for registration

A sample agreement to terminate the lease, regardless of what the basis for this is, provides for the indication of the details of the parties. From the document it should be clear between whom the relationship ends and for what reason. If there are unfulfilled obligations, the conditions and terms for their fulfillment must be indicated. For example:

"Agreement to terminate the lease

  1. The parties agreed to terminate relations with ____
  2. Party 1 undertakes to return to Party 2 a deposit of
    1/3, which is ____ rubles. The second part - 2/3, namely ____ rubles, is transferred as a compensation to the ownership of Party 1, which compensates for losses incurred as a result of the refusal of Party 2 to fulfill its obligations under the contract.
  3. This document completely terminates any obligations arising from the original contract. "

The following is an example form in which a warning (sample) can be presented:

"Notice: termination of the lease

____ (day, month, year) the object ___ was transferred to your enterprise for use. This was concluded by the corresponding lease ____ No. ___.

According to paragraph ___, our organization has the right to terminate it unilaterally if your organization violates the terms of paragraph ___. In accordance with paragraph ___, your company should have completed ____. However, your organization did not fulfill its obligations, thus violating paragraph ___, which is confirmed by __________. In connection with the foregoing, we inform you that the lease ________ dated _______ No. ________ according to paragraph 3, Article 450 Civil Code and clause ___ of the contract is considered terminated from the date your company receives this notice.

We require ________ to ________ g. _________________________

Signature, number, seal. " termination of the lease letter sample

Important point

In order to avoid any kind of misunderstanding, experts recommend writing down the most specific conditions in the contract. This may concern both warnings and the procedure for delivery of certain securities. In particular, this applies to the conditions and terms for sending notifications.

Finally

The lease is considered a fairly common technique, providing mutually beneficial relations between the owner of the property and its potential user. The first receives income from the fact that it gives the other person the opportunity to use the object for its intended purpose in accordance with the law and the terms of the contract. The second side gets the opportunity to conduct their activities with minimal investment in equipment, real estate and other facilities necessary for successful business. However, in any legal relationship there are obligations that must be performed. In order to avoid early termination of the lease, it is necessary to follow the letter of the law, as well as the terms of the contract and timely warn each other about circumstances that impede this.


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