Any tenant sooner or later comes to the idea that it is time to change the rented space. The lessor may also want to terminate the lease. It is important to do this as simply as possible and without breaking the law.
Instructions
Step 1
It is better if the decision to terminate the lease is mutual. Then the parties will need to draw up and sign an agreement to terminate the lease. If the lease has been registered, then this agreement will need to be registered. It will also be convenient for those who indicated in the contract the term for which the lease agreement is concluded. When the term expires, the lease right will also terminate.
Step 2
But sometimes one of the parties, for one reason or another, stubbornly refuses to terminate the lease. By law, the lease can be terminated early. In certain cases, both the landlord and the lessee are entitled to this. But you will have to act through the courts, since a unilateral refusal to perform the contract is possible only if this right is enshrined in the contract itself.
Step 3
According to article 619 of the Civil Code of the Russian Federation, the lessor has the right to demand early termination of the contract in the following cases:
1.if the lessee uses the property with a significant violation of the terms of the contract or repeatedly violates the terms of the contract.
2. if the lessee significantly impairs the property of the lessor.
3. if the lessee fails to pay the rent more than two times in a row after the expiry of the payment term established by the contract.
4. if the contract stipulates that the tenant must make major repairs to the premises within a certain period, but he does not.
Step 4
Article 620 of the Civil Code provides that the tenant has the right to early terminate the lease. The lessee has the right to terminate the contract with the lessor in the following cases:
1. if the lessor does not provide the property for use by the lessee or prevents the use of the property.
2. if the property transferred to the lessee has defects that prevent the use of it, which were not and could not have been known to the lessee.
3. if the property is unusable.
4. if the lessor does not carry out major repairs of the property, despite the fact that this is his obligation under the lease agreement.
Step 5
It should be remembered that when terminating the lease on the initiative of the lessor, he must first notify the tenant in writing about the need to fulfill the obligation within a reasonable time. Only after such a written warning (and the absence of a proper response to it), he has the right to go to court. This procedure is not provided for the tenant.
