You can terminate the lease agreement for non-residential premises upon the expiration of the lease term, by agreement of both parties or at the initiative of one party. At the same time, it is necessary to comply with all legal aspects of the current legislation, in particular Articles No. 451, 452, 453, 618, 619, 629 of the Civil Code of the Russian Federation.
It is necessary
- - a letter with a list of attachments and notification;
- - application to the court.
Instructions
Step 1
If the term of the lease agreement for non-residential premises has expired, and neither of the parties has expressed a desire to extend the lease relationship, the agreement is considered terminated.
Step 2
Early termination of the lease agreement for non-residential premises is possible by mutual agreement between the lessor and the lessee. At the same time, if a mutual agreement is reached and neither of the parties is opposed to early termination of the relationship under the contract, then the contract can be terminated without prior warning and without any additional conditions.
Step 3
If you wish to terminate the lease agreement for non-residential premises unilaterally, the conditions for early termination of the lease must be specified in the agreement itself. If there are no clauses on early termination of the contract, then they follow from the current legislation. It is necessary to notify the landlord or tenant in writing about the early termination of the contract by sending a certified letter with a list of attachments and a delivery notification. This should be done no later than two months before the termination of the contract.
Step 4
The landlord is obliged to pay a penalty to the tenants for early termination of the contract in the amount equal to payment for non-residential premises for one month. If the tenants are the initiators of the termination of the contract, then advance payments for the lease of the premises will not be returned.
Step 5
Without warning, you can unilaterally terminate the contract only by a court order. A sufficient reason for a positive court decision will be: - use of the premises for other purposes specified in the contract; - late payment of rent payments; - damage to property; - transfer of the premises to sublease without the owner's permission; - violation of any clause of the contract; - other grounds that the court deems it sufficient to terminate the contract.
