Termination of the lease: highlights

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

The owner of an apartment, letting tenants in, is not always sure of their decency and accuracy. And if the neighbors constantly complain about the noise, and the guests break expensive furniture, then the owner has no other option but to terminate the lease agreement.

It is worth noting that early termination of the lease is sometimes required by the tenants themselves. Why? There can be many reasons: there is an opportunity to buy your own apartment, or you have found another rental option, closer to work. In any case, it is important for both parties entering into a contract of employment to know how to properly terminate it.

Agree?

Let's start with the fact that two parties can terminate the lease at the same time. But, according to lawyers, this rarely happens. It may also cease to be valid due to the end of its term.

Unilateral termination of the lease agreement is the most common practice. If the employer suddenly decides to move out, thenhe only needs the consent of the family members living with him. An employment relationship can be terminated at any time, unless otherwise specified in the contract. Therefore, you need to pay close attention to the termination clause when signing the papers. Sometimes the landlord indicates that the tenant must give a month's notice of his decision. And if this condition is not met, then the tenant compensates the losses of the landlord without renting the house.

Termination of the lease agreement is also possible at the request of the homeowner. As a rule, the reasons why he can do this are indicated in the contract. This may be late payment, damage to property or premises by the tenant, use of the apartment for other purposes (for example, the tenant opens an office there). In addition to the above, the grounds for termination may include refusal by the guests to let the owner of the property into the apartment. It is better to indicate all these points in the contract right away, so that later you do not defend your rights in court, relying on oral promises.

Terminate through the court

Sometimes a tenant and landlord cannot resolve their conflict amicably. And in this case, you have to go to court. Termination of the apartment lease agreement in court is primarily required by the landlord. After all, it often happens that tenants do not want to leave the premises, despite the fact that they have not paid for living in it for a long time. There is a violation of the rights of the property owner. Judgment in this case does notonly termination of the lease agreement, but also the eviction of unscrupulous tenants.

The tenant also has the right to go to court if the apartment has become uninhabitable, for example, is in disrepair. Or if she survived a fire (not the fault of the tenants).

However, going to court is an extreme measure, which the tenant and the owner of the apartment rarely decide on. The thing is that few people officially register lease agreements. After all, then the landlord will have to advertise his income, which means paying taxes. Therefore, most often, Russians, when renting or renting out housing, rely on their own intuition and luck.