Lease Termination: Highlights

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

It is worth noting that premature termination of the lease is sometimes required by the tenants themselves. Why? There may be many reasons: there was an opportunity to buy your apartment, or they looked for another rental option, closer to work. In any case, it is important for both parties to the contract of employment to know how to properly terminate it.

All agree?

lease termination

To begin with, two parties can terminate a lease at the same time. But, as lawyers say, this is rare. He may also cease to operate in connection with the end of his term.

Unilateral termination of the lease is the most common practice. If the employer suddenly decided to move out, then he only needs the consent of the family members living with him. Termination of the employment relationship may be on any day, unless otherwise specified in the contract. Therefore, close attention should be paid to the termination clause when signing papers. Sometimes the landlord indicates that the tenant must warn about his decision in a month. And if this condition is not fulfilled, then the tenant compensates the losses of the landlord, no longer renting a house.

unilateral termination of a lease
Termination of the lease 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, misuse of the apartment (for example, the tenant opens an office there). In addition to the above, the grounds for termination may include a refusal by the guests to let the property owner into the apartment. It’s better to immediately indicate all these points in the contract, so as not to assert your rights in court later, relying on oral promises.

Terminate through court

Sometimes the tenant and landlord cannot resolve their conflict peacefully. And in this case you have to go to court. The termination of the lease of an apartment in a court of law 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 their accommodation for a long time. There is a violation of the rights of the property owner. A court decision in this case entails not only the termination of the lease, but also the eviction of unscrupulous tenants.

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

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

Source: https://habr.com/ru/post/K7696/


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