In recent years, small business in the country has been developing at an accelerated pace. The number of small firms and companies is growing. Unlike large corporations, they are not able to acquire real estate and other expensive property. And sometimes this is simply not necessary. Often a small organization just needs a small office space or to be able to temporarily use some equipment. The real value of such facilities is usually quite high. In this case, for a novice businessman, it would be most correct to conclude a lease agreement for the desired object for a fee. The contract is concluded in accordance with civil law and is valid until the deadline or until one of the two parties decides to terminate it.
Methods and features of termination of the contract
According to generally accepted standards, a lease can be terminated, as a rule, in three main ways:
- agreement (agreement) of both parties;
- court decision;
- refusal by one of the parties to further fulfillment of contractual obligations.
A mutual agreement or agreement to terminate the lease is considered ideal for both partners. In this case, it is not necessary that there are any misunderstandings or negative assumptions between the parties. Both parties simply at some point may agree that the continuation of the fulfillment of contractual obligations is not advisable either to the lessor or to the lessee. In such a situation, it is necessary to draw up a document, which will be called the “Agreement on termination of the lease agreement”. The result of the agreement must be recorded in writing and reflected in it the following significant points:
1. The reason for the termination of the contractual relationship. This may be the voluntary consent of the parties or a change in any conditions without which the continuation of the relationship is practically impossible.
2. Indicate the stage (real moment) when such a need came.
3. Determine the timing of mutual settlements and liquidation of other possible unfulfilled obligations in order to avoid unpleasant legal consequences.
4. Transfer the leased premises (equipment) from the lessee to the lessor. In this regard, it is necessary to draw up a separate document, which must necessarily contain a record of the absence of claims.
Only if the agreement on termination of the lease contains all of the above points, it can be considered legally correctly drawn up. Otherwise, any of the parties may find in it a “loophole” for appeal to the court. In addition, it is worth considering another important factor. If the original contract was registered, then the agreement on termination of the lease must also be registered. Only after that the leased equipment or premises can be considered free.
Arbitrary Arrangement
If the parties decide to draw up an agreement to terminate the lease, you should not look for a sample. Such a document is compiled arbitrarily. In form, it resembles a contract. First comes the name. Then clarification to which contract this agreement is drawn up. This is followed by the date and place (city). After that comes the main part. It all starts with the preamble, which indicates the data of both parties that "have concluded this agreement as follows." After that, the points methodically list all the main points:
1. Number, date, as well as the name of the contract to be terminated.
2. The exact date of termination of contractual obligations.
3. A note on mutual settlements or an indication that the issue should be resolved without penalties.
4. Information on the return of the leased property with the details of the relevant document.
5. Record of the absence of mutual claims.
Such an agreement must be drawn up in at least two copies and kept by each of the parties.
Sample document
The procedure for termination of any lease must necessarily include a document that confirms the return of the property leased. It is composed as an act. The termination of the lease is evidenced by the transfer to the lessor of his property. It is made out, as an ordinary standard act. The form begins with the name, affiliation and date of preparation of the document. Then, after the “heading” with the indication of the parties, the text of the act itself. It reports that the premises (or other property) are transferred by the lessee and accepted by the lessor. The main characteristics and technical condition of the facility are indicated below. After marking the absence of claims, the details of the parties are indicated, signatures of authorized persons are put, which are then certified with seals. Each party must have its own copy of such an act, which is attached to the main contract.