The contract for the rental of housing between individuals is executed for a specific period. It provides for such essential conditions as the procedure and amount of payment, obligations and rights of participants in the transaction, as well as their responsibility and consequences of termination of relations.
The nuances of the law
As a general rule, unilateral termination of a tenancy agreement by a user is not allowed by virtue of Art. 310 of the Code. The norm establishes a ban on refusal to fulfill obligations. However, the tenant of the premises has the opportunity to terminate the relationship unilaterally. To do this, he needs to obtain the consent of other persons who are constantly with him on this square and in writing to warn the owner for three months. The rules for termination of legal relations unilaterally determined by Art. 687 of the Civil Code of the Russian Federation. Let's consider it in detail.
Termination of a tenancy agreement
The above norm defines cases of unilateral termination of relations at the initiative of the user and the owner of the object. In the first case, it is enough for the entity to obtain the consent of the persons living with him constantly and notify the landlord of his intentions within the prescribed period. The owner of the object also has the opportunity to terminate the relationship unilaterally. In Art. 687 of the Civil Code of the Russian Federation the following are defined for this reason:
- Non-payment by the user for half a year, if the agreement does not provide for a longer period. If the contract of rental of premises between individuals is concluded for a short period, then the termination of relations at the initiative of the owner is allowed if the specified amount is not paid in more than 2 times after the specified time period.
- Corruption or destruction of the object by the user or other persons for whose actions he is responsible.
Important point
If during the period established by the court the user does not eliminate the violations that have been committed and steps are not taken to eliminate them, the owner will make a decision to terminate the contract upon repeated appeal from the owner. At the same time, at the request of the defendant, the execution of the decision may be delayed. Extension of the period is allowed no more than a year. P. 3 Art. 687 of the Civil Code of the Russian Federation stipulates that an agreement may be terminated by a court at the request of one of the parties to the dispute if the object ceases to be suitable for its intended use, is found to be in emergency condition, and also in other cases specified in the LC.
Additionally
If the user of the property or the person for whose actions he is responsible exploits the property for other purposes or infringes on the interests and rights of neighbors in a systematic manner, the owner can warn him about the need to eliminate these violations. If after this the citizens continue to misconduct, the landlord has the opportunity to judicially terminate the agreement. In such a situation, the rules established in para. 4 2 paragraphs of this article.
Comments
Art. 687 of the Civil Code of the Russian Federation defines several cases in which the agreement may be terminated on the initiative of one of the participants. Within the meaning of paragraph 1, the intentions of the user should be shared by all persons who are with him on the same mercy. If one of them does not agree with the desire of the citizen, then the tenant is replaced. In this case, rules 686 of the Code are applicable. User right in Art. 687 of the Civil Code of the Russian Federation is formulated imperatively. This means that the agreement between him and the owner cannot introduce additional conditions and liability for unilateral refusal. They cannot be introduced even by mutual agreement of the parties . The only negative consequence for the user in case of violation of the three-month period for notification may consist in imposing on him the obligation to pay for this period.
The specifics of the grounds
The landlord may terminate the lease agreement exclusively in court. The first reason for this is non-payment for half a year if the agreement does not provide for a longer period. It should be noted that the law does not make the termination of the contract dependent on the user's fault for the violation. In addition, non-payment of payments also covers cases of public utility debt. However, hiring may be short-term. In this case, the law allows the termination of legal relations if the payment is not paid more than 2 times after the end of the period established for this.
Damage / destruction of an object
They serve as the basis for termination of the agreement both in the case when caused by the user himself and by persons for whose actions he is responsible. It doesn’t matter if the damage or destruction were intentional or were caused by negligence. In principle, they may result from the user's non-fulfillment of the obligation to repair and maintain the premises in good condition.
Misuse / Infringement of Neighbors
These actions can also be performed by the user himself or by persons for whose behavior he is responsible. Experts note that the terms of termination of the agreement on these grounds are determined in the commented norm rather vaguely. For example, it is not entirely clear whether the warning of the owner about the need to eliminate violations acts as a preliminary fact. Clause 4 states that the landlord has the right to notify the user of this. It seems that this warning should be considered mandatory. Moreover, it is valid for a year. In addition, from a literal interpretation of the commented norm, taking into account 688 of the Code, it follows that the consequences of failure to eliminate violations and, therefore, termination of the contract apply to all persons living with a citizen, and not only to those who directly committed them. This circumstance can hardly be considered justified and consistent with the principles of law.
Features of going to court
The grounds given in the commented norm for termination of the agreement allow the owner to only send a statement to the authorized authority. The court, in turn, can satisfy the requirements or set a period for the user (no more than a year) to eliminate all violations. If a citizen does not take any measures to rectify the situation, then upon repeated appeal of the owner, the authorized instance has the right to terminate the contract. However, even in this case, at the request of the defendant, the court may extend the time for execution of the decision, but not more than a year.
Conclusion
The third paragraph of the norm provides grounds on which any party may terminate the agreement through a court. This is allowed if the object is in emergency or unsuitable for the intended use condition. These signs of premises are determined in accordance with the Regulation approved by government decree No. 47 of January 28, 2006. Other grounds allowing termination of legal relations include, for example, unauthorized reconstruction / redevelopment and the user's refusal to restore the object to its original form within a reasonable time.