How to terminate the lease agreement?
A lease is a document according to which the owner of the property lends it for temporary use for a fee. Contrary to popular belief, you can rent any property and thing. In this article, we will talk about what both parties are required to have such a contract, how to terminate the lease agreement ahead of time and about many other things.
Termination of the agreement by the tenant
So, if you are a tenant and want to terminate the contract prematurely, you should have some reasons for that. For what reasons can we officially terminate the contract?
- The landlord does not comply with the rules of the contract, specifically - does not provide a thing, an apartment for rent.
- The property that the owner has leased does not match the previously described characteristics.
- The owner of the apartment does not make repairs, which was obliged to carry out according to the contract.
- The property is in a dwelling condition due to the fault of the landlord.
Also consider the reverse side, how to terminate the lease of premises, if you - the landlord.
Termination of the contract by the landlord
- The tenant uses the property in violation of the contract. For example, if the owner initially indicated that in his apartment it was impossible to listen to music loudly and make noise after 23.00, then a violation of these indicators is the reason for termination of the contract.
- The tenant, in the process of using the property, significantly spoils the home, violates the integrity and repair.
- The tenant for two or more months in a row does not pay a fee agreed in advance.
Also, the contract may be terminated for special reasons, which the owner prescribed and did not respect the tenant.
Most often, neither one nor the other side, do not want to have litigation. The contract may be terminated by agreement of the parties in the pretrial order. In the case of dissatisfaction of one party to another, a lawsuit is filed. If legal entities are involved in the dispute, the case will be transferred to arbitration. Cases between physical persons are considered in the district court. In addition to the termination of the contract, the party who filed a lawsuit has the right to recover money. The lessor has the right to recover money for the damaged property and for the use of the property if the tenant did not pay the fee.Often, they ask whether it is possible to terminate the lease if one party does not agree to appear in court. So, there are three types of suit:
- At the request of the landlord (without the consent of the tenant and with possible pre-trial proceedings),
- At the request of the tenant (without the consent of the lessor and with possible pre-trial proceedings),
- And, of course, by agreement of the parties with or without attendance at court.
It is worth noting that if the tenant is a legal entity, then you can terminate the contract with him only in court. The fact is that a legal entity is obliged to report to the tax inspectorate before the law, and inform the state about its profits, the amount of which will be clearly clear only after it is clear who and how long it took to rent its property.
Another feature of rental contracts is payment. The lessor has the right to sue the tenant for non-payment of money for the use of the property. However, how long can a tenant not pay? If the contract was concluded for a short period, then a delay of two months is sufficient, and the landlord can sue. In case a long-term contract has been concluded,then the tenant has the right to delay payment for several months, and after six months of delay he can already be sued in court.
How to terminate the lease early? This issue can be resolved in the pretrial order. Therefore, we advise you not to go to court if everything can be resolved by agreement. Also read the agreements carefully and follow all the points that you signed. Before you conclude a rental agreement, consider whether you can fulfill all the conditions and pay in time. If you are a landlord, consider whether your property meets the stated specifications.
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