Tip 1: How to terminate the lease of premises
Tip 1: How to terminate the lease of premises
It is the rental of premises by small entrepreneursand medium-sized businesses that do not have a large initial capital, provides an opportunity to start their activities. But sometimes there is a need to terminate ahead of time contract for rent premises. To painlessly effect such an operation, it is necessary to adhere to certain legal aspects, both during the conclusion and early termination contract for rent premises.
You will need
- lease of premises
Instructions
1
Include a perpetual contract Renting: It is desirable, if early termination is provided Renting, enter into an indefinite contract Renting. In this case, it is enough to notify the lessor or the lessee about the intention to terminate the contract for three months. Then the reasons for termination have no legal significance.
2
Specify in the contract the exact date of its termination: If a fixed-term contract is drawn up, i.e. with the exact date of termination contract, then for its dissolution a strongcause. Therefore, in the contract it is necessary to indicate all the reasons for which the contract may be terminated based on Articles 619 and 620 of the Civil Code of the Russian Federation, in which all grounds for the dissolution of such contract. In addition, it may also be necessary to draw up an acceptance certificate premises, so that the lessor and the lessee dispatch without mutual claims, which greatly simplifies the termination procedure contract.
3
Apply to the arbitration court: To achieve early termination contract for rent premises, it is necessary to file a statement of claim inArbitration court, which indicates all the reasons that led to such a decision. Then the judge will independently determine the rationality of the termination of the given contract.
4
Analyze violations contract: Based on the analysis of the practice of arbitration courts,it follows that in most cases the court will be won in favor of the plaintiff if the following violations occur: - The leased premises are not used for the purpose indicated in the contract, - the tenant does not contain the premises provided to him in the proper form and caused him certain damage due to negligence, for this purpose, a corresponding document is drawn up, as an act of acceptance and delivery premises- If detected by the underlying subRentingif it was not stipulated in the contract Renting.
Tip 2: How to terminate the lease of non-residential premises
Dissolve treaty Renting uninhabited premises You can after the expiration of the lease, byagreement of both parties or on 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 Nos. 451, 452, 453, 618, 619, 629 of the Civil Code of the Russian Federation.
You will need
- - a letter with a list of attachments and notifications;
- - application to the court.
Instructions
1
If the terms of the lease agreement for non-residential premises have expired, and neither of the parties expressed a desire to extend the lease, the contract is considered to be terminated.
2
Early termination of the lease of a non-residentialpremises are possible by mutual consent of the lessor and the lessee. At the same time, if mutual agreement is reached and neither side objects to early termination of relations under the treaty, then the contract can be terminated without prior warning and without any additional conditions.
3
If desired, to terminate the lease of non-residentialpremises unilaterally, the conditions for early termination of the lease must be specified in the contract itself. If there are no items on the early termination of the contract, they follow from the current legislation. It is necessary to notify the lessor or the lessee in writing of the early termination of the contract by sending a registered letter with an inventory of the attachment and a notice of delivery. This should be done no later than two months before the termination of the contract.
4
The Lessor is obliged to pay a penaltytenants for early termination of the contract in the amount of an amount equal to payment for non-residential premises for one month. If the tenant is the initiator of the cancellation of the contract, the advance payments for renting the premises are not returned.
5
Without warning, unilaterally, you canterminate the contract only by order of the court. Sufficient sleep for a positive court decision will be: - use of the premises not for the purpose specified in the contract - late payment of rent charges - property damage - transfer of the property to sublease without the owner's permission - violation of any clause of the contract - other grounds that The court considers it sufficient to terminate the contract.
