Early termination of the lease (hiring) agreement at the initiative of the tenant
The difficult economic situation in the state, constant and often unpredictable changes in the financial and economic sphere (fluctuations in the exchange rate, bankruptcies of organizations, increased lending rates) often lead to the impossibility of fulfilling contractual relations.
The emergence of contractual relations, as well as their termination, should be carried out, taking into account the norms of the current legislation and the interests of all parties to the contract.
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Features of contractual relations
It is necessary to think over the ways and procedure for terminating the contractual relationship that arises when renting an apartment, even at the stage of drawing up the contract.
The lease agreement governs the relationship for the provision of a residential property between the owner or his representative and the organization or individual entrepreneur.
A lease agreement in the housing sector should be distinguished from a commercial lease agreement.
In case of hiring, the user of the premises (tenant) can only be an individual, the role of the tenant is always played by a legal entity (individual entrepreneur), which is obliged, in accordance with the norms of the Civil Code of the Russian Federation, to use the object of the contract (apartment) for the housing needs of citizens.
If you want to know what threatens the owner of illegally renting an apartment without paying taxes, we advise you to read.
Registration of contractual relations in a form other than that established by Articles 161 and 609 of the Civil Code of the Russian Federation is not allowed, such a document is considered invalid and is not the basis for the emergence of any powers for possible subjects.
When it comes to terminating the rental of an apartment, the part of the contract that contains provisions on the duration of such a relationship is essential.
The lease can be set for a fixed term or for an indefinite period of time..
Information on contracts valid for one year or more shall be entered into the Unified State Register of Rights. The commencement of the lease term is calculated from the date of the entry on the registration of the contract in the register.
The legislation defines certain situations, the occurrence of which serves as a basis for the court to terminate the lease before the expiration date of the contract.
How to terminate?
The lease of an apartment can be terminated both with the expiration of the contract, and before its occurrence:
- By mutual agreement of the parties;
- If there have been significant changes in the content of the contract;
- At the claim of any party on the grounds contained in the law or the contract.
Termination of the lease agreement by agreement of the parties occurs after the expiration of the term, with a significant change in the circumstances from which the parties proceeded when concluding the agreement.
If the contract does not contain a specific period of validity, then both the tenant and the landlord have the right to terminate the execution of the housing lease agreement by notifying the other party 3 months in advance.
At the request of the tenant unilateral termination of the lease agreement as part of a lawsuit is possible when:
- The landlord refuses to provide an apartment for living or interferes with the use of the dwelling for its intended purpose;
- The dwelling has unspecified deficiencies that create an obstacle to its use;
- The owner of the dwelling evades from carrying out major repairs;
- Circumstances have occurred that are not dependent on the will of the tenant and as a result of which the housing has become unsuitable for full use;
- There were other circumstances stipulated by the contract.
At the request of the landlord a real estate lease agreement is terminated in civil proceedings when the user of the rental property:
- Uses housing not in accordance with its purpose, in violation of the rules of residence and the requirements of the contract;
- Deteriorating the condition of the home;
- Doesn't make payments twice.
The contract may provide for other reasons for terminating the lease at the initiative of the owner of the housing.
The demand for early termination of the contractual relationship by the lessor is possible only after sending the tenant a warning in writing, which contains a requirement to fulfill the obligations under the contract within a reasonable period of time.
Termination of the contract for renting an apartment
Regardless of the duration of the contract for renting an apartment, the tenant, with the consent of the citizens living with him, has the right to send a written notice of termination of the contract to the landlord.
The contract is terminated after three months from the date of such notice..
At the claim of the property owner, the lease agreement is subject to termination in the following cases:
- Non-payment of contributions stipulated by the rental agreement for 6 months, and for short-term employment (less than one year) - failure to make more than 2 payments;
- Apartment damage employer or persons for whose activities he is responsible.
Any party may initiate termination of the contract in court if the housing becomes uninhabitable, as well as in cases provided for by housing legislation.
Notice of Early Termination
When terminating the lease agreement at the request of one of the parties, the initiator of the termination of the contractual relationship sends the other party a notice of early termination of the specified agreement.
This document is drawn up in writing and handed over to another participant under the signature or sent by mail with a return receipt to the addressee.
The notification form is not provided by law, but it is recommended to include the following details:
- Document's name;
- Details of the parties and the contract to be terminated;
- Grounds for termination and description of circumstances;
- Requirements for a party to terminate the contract;
- Signature and date.
We invite you to download a sample notice of a unilateral refusal to fulfill obligations under a lease agreement: Download the form.
Agreement to terminate the tenancy agreement
The agreement on termination of the contract of residential premises expresses the voluntary intentions of all parties to terminate all relations for the fulfillment of the terms of this agreement.
The agreement is drawn up in the same form in which the contract is drawn up. Thus, if state registration was required when concluding a lease agreement, then the agreement must also be registered in the state register of rights.
The preamble of the agreement specifies the parties to the treaty. The names of the parties must be identical to those set out in the contract.
Further, the parties express their intention to terminate the contractual relationship for renting a dwelling (all details of the contract are indicated - name, number, date of conclusion) listing the terms of termination (it is recommended to include the procedure for transferring property, information on settlements between the parties).
If the agreement does not indicate the term for termination of contractual relations, then they are considered completed from the date of signing the agreement.
It also indicates the number of copies of the agreement, addresses, details and signatures of the parties. The signature of a representative of a legal entity is certified by a seal.
We invite you to download a sample agreement on termination of the apartment lease agreement: Download the form.
Since an apartment is an expensive property and is often provided for use with related equipment and furniture, it is advisable to draw it up as an annex to the agreement.
The landlord demands to urgently vacate the apartment. Is such a requirement legitimate? We invite you to watch the video.
