How to terminate the lease agreement

How to terminate the lease agreement

In the dynamic conditions of the modern world, a person is extremely difficult to predict the events of even the future, not to mention the planning for the year. But it is precisely for such a term that the model lease agreement is most often. If for one of the sides (or for both), the fulfillment of its obligations specified in the document becomes impossible, it is necessary to decide how to terminate the lease agreement.

1
In articles 619 and 620 The Civil Code of the Russian Federation is prescribed by the grounds for early termination of the employment contract. For the tenant, the following items can be distinguished:

  • the landlord is deliberately or unintentionally creating obstacles to using the leased object fully;
  • leased object has significant disadvantages that the landlord dispersed when signing the contract and due to which the object is not fully used;
  • the object has significant disadvantages that make it impossible to use its further use;
  • the landlord does not fulfill the repairs stipulated in the contract.

2
For landlord causes for early termination are as follows:

  • delay in paying rental payments (more than 2 times);
  • violations of the terms of the contract by the Tenant;
  • serious damage to leased housing.

3
In accordance with the law, to terminate the lease agreement, it is necessary in writing to notify the other side for three months in advance. Send a warning through a custom letter with notification. In case of refusal to the second side of the peaceful settlement of the conflict, the termination initiator has the right to submit to court.

4
In a notification letter, specify the following information: the name of the document, the details of both parties, the details of the contract, the grounds for sending this letter and directly the requirement of the termination initiator.

5
When concluding a hire agreement, it is necessary to specify the reasons for early termination, the procedure for refunding funds in this case. If the contract is broken down due to the system not provided for in the GC (for example, in connection with the transfer of a tenant or a solution to the sale of an apartment), the following rules are valid:

  • if the initiator cannot prevent the other side of the termination of the contract, it is obliged to pay a penalty in the amount of the three-month cost of renting an object;
  • the owner of the object has the right to terminate the treaty unilaterally with the obligatory notification of the tenant, if it has serious reasons;
  • when terminated at the initiative of the owner, he must return the tenant with a mortgage amount introduced when signing the document.

Apartment lease agreement

The above procedure is valid when the lease agreement is issued in accordance with the law. In practice, most landlords neglect legal formalities, so termination occurs simply by decision of one of the parties (or both). In this case, it is impossible to guarantee the compensation of material or moral damage.

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