The nuances of terminating a residential lease agreement - how to draw up an agreement? Sample document. Termination of an apartment lease agreement: sample agreement and notification of the parties Early termination of a residential lease agreement

The apartment rental agreement is regulated by Art. 606 of the Civil Code of the Russian Federation. After all, it’s not just a room that’s being rented out, but a residential apartment.

The law requires that contracts for a period of more than 12 months be registered with Rosreestr. If you have concluded such an agreement, then the termination of the agreement must be registered and will come into force from the date of registration in Rosreestr. To avoid unnecessary formalism, contracts are usually concluded for 11 months and 29 days.

For termination lease agreement the parties are given more freedom than to terminate the tenancy agreement. This is explained by the fact that the apartment is rented out under the lease agreement legal entity, and according to the rental agreement - to an individual. And in in this case The legislator was guided by the goal of preventing the unlawful eviction of citizens from rented apartments.

General provisions for termination of contracts are described in Ch. 29 Civil Code of the Russian Federation.

A lease agreement is a documentary agreement of the rights to transfer property for temporary use.
The clauses of the agreement take precedence in court proceedings.
Termination of the contract is possible with the consent of both parties.
Unilateral termination of the contract is possible if it is stated in the text of the lease transaction itself. IN otherwise Participants in the relationship will face a lengthy trial.
Some of the most common reasons for early termination of a document are late payment and damage to property.

Grounds for termination of lease agreements

Article 450 Civil Code of the Russian Federation provided the following reasons to terminate contracts:

Agreement of the parties
A court decision at the request of one of the parties in case of a significant violation of the contract by the other party
A court decision at the request of one of the parties in cases provided for by the Civil Code of the Russian Federation, other laws or the agreement itself
Unilateral refusal to fulfill a contract by one of the parties, when such refusal is permitted by law or agreement of the parties.

The lease agreement can be terminated either by agreement of the parties or simply upon expiration of its term. However, there are grounds according to which the parties can terminate the rental agreement for an apartment in unilaterally.

Russian legislation provides several grounds for terminating an apartment lease agreement for both the tenant and the landlord.

The lessor has the right to terminate the lease agreement if:

The tenant does not pay rent for two months.
There are complaints against the tenant from neighbors.
The tenant does not pay for utilities.
Creates obstacles to the landlord's access to the residential premises.
The tenant's actions cause damage to the technical or sanitary condition living space.
The tenant refuses to pay rent in full.
The tenant, without the consent of the owner, carried out repairs, remodeling, or simply rearranged the furniture.
The tenant got pets without the owner's consent.

As a rule, if any of these grounds exist, the lessor has the right to terminate the contract unilaterally. To do this, he must simply notify the tenant and give him reasonable time to leave the occupied premises. Typically this period is specified in the contract and is one month.

If the tenant does not want to admit the existence of grounds for terminating the contract or does not want to leave the apartment, then the only way to protect his rights is to go to court as quickly as possible.

Since you will have to prove your position in court, you need to seek help from a lawyer. This specialist will help you collect all the necessary evidence for your position and ultimately help you win your case.

The lessor can secure his position in advance, for example, with the help of a well-drafted agreement. If everything is stated in the contract the necessary conditions, then terminating the contract will not be difficult. In addition, if, for example, you include in the contract a list of furniture, equipment and their technical condition at the time of concluding the contract, then proving that the tenant caused damage to the property through his actions will not cause any hassle.

The tenant also has the right to terminate the contract. The most in a simple way to do this will simply wait for its expiration or notify the landlord within a reasonable time before the intended departure from the apartment.

There are also several grounds on which the tenant can terminate the contract:

The landlord has not provided the apartment for use or is creating obstacles to its use.

This condition means that if the landlord changed the locks or moved in other tenants instead of you, then this is grounds not only for terminating the contract, but also for going to court.

The landlord hid significant shortcomings property, did not warn the tenant about their presence, or the tenant did not know about their existence.

Such disadvantages may be: the sanitary or technical condition of the apartment is unsuitable for living; the presence of unauthorized persons who have the right to reside in the apartment; absence of any property specified in the lease agreement.

Due to circumstances beyond the control of the tenant, the apartment was no longer suitable for habitation.

This could be either a force majeure circumstance or a simple flooding of the apartment by neighbors above. In this case, you simply need to notify the landlord that you are terminating the lease.

If the landlord does not want to terminate the contract and withholds, say, a deposit several months in advance, then this is a reason to go to court.

The procedure for terminating a rental or rental agreement

According to Art. 452 Civil Code of the Russian Federation the agreement to terminate the contract is made in the same form as the contract.

That is, if the contract is concluded in a simple writing, then an agreement signed by the parties is sufficient for termination. But if the contract was registered in accordance with the requirements of the law, then its termination must be registered in the same manner.

What happens after the contract is terminated?

Indeed, what will happen after the termination of the lease agreement, why is this necessary?

Upon termination of the contract, the obligations of the parties cease ( clause 2 art. 453 Civil Code of the Russian Federation). That is, after termination of the contract, you no longer have to provide your apartment to the tenant/tenant; accordingly, he must vacate the premises. He, in turn, also no longer has any obligations: neither to contribute rent, nor on the maintenance of the leased property.

The contract will be considered terminated from the moment the agreement on its termination is concluded or after state registration such an agreement (if the agreement itself was registered) ( clause 3 art. 453 Civil Code of the Russian Federation).

Please note that when renting residential premises (under an agreement concluded for a period of at least one year), it is not the agreement itself that is subject to registration, but the encumbrance of ownership rights arising on the basis of such an agreement. Accordingly, the termination of the rental of residential premises must also be registered (clause 6 of article 26.1 Federal Law dated June 21, 1997 “On state registration of rights to real estate and transactions with him" No. 122-FZ).

If you were forced to terminate the contract by a significant violation of the terms of the contract by the other party, then you have the right to demand compensation for losses caused to you by such termination ( clause 4 art. 454 Civil Code of the Russian Federation).

Reasons for going to court

What to do if it was not possible to terminate the lease agreement and the parties could not reach an agreement on this issue? You need to go to court.

The tenant has the right to terminate the contract in advance, but in this case the landlord may be at a disadvantage. In order to protect your rights, you can provide a clause in the contract, according to which, if the tenant terminates the lease in advance, he is obliged to pay compensation to the landlord. Even if he does not do it voluntarily, it can always be recovered in court.

On the other hand, the landlord himself can play unfairly and look for grounds for terminating the apartment rental agreement. For example, he may claim that the landlord does not pay rent in full and thereby violates the rights of the apartment owner. To defend their rights, the tenant will have to go to court.

In court, you will need to provide documents or testimony confirming the tenant’s position. And in order for the tenant to have something to provide in defense of his position, it is necessary that the agreement stipulates that all funds will be deposited against receipt. Then, in case of unfair behavior of the landlord, you will always be able to defend your rights.

Notice of termination of the lease agreement

If it becomes necessary to terminate the contract for one of the above reasons, an appropriate notice of termination of the lease agreement should be prepared and sent.

This notice must be in writing. It should be handed over to the employer in person or by mail with acknowledgment of receipt.

Like all documents, the lease termination letter must reflect the following information:
Title of the document;
Details of the party sending the notification and the recipient of the notification;
Details of the agreement to which this notification relates;
The grounds on which this notice is given;
Contents of the requirement expressed in the notification.

Features of terminating a residential tenancy agreement

Unlike a lease agreement, a rental agreement can be terminated only in the manner prescribed by law. The parties themselves cannot include in the contract grounds for termination that differ from those contained in the Civil Code of the Russian Federation.

Employer may terminate the contract at any time with the consent of citizens permanently residing with him, notifying the landlord in writing 3 months in advance ( clause 1 art. 687 Civil Code of the Russian Federation).

Such notice must be given in person or by mail with return receipt requested. The list of notice details is generally similar to the notice used when terminating a lease agreement. The main difference is that in the notice of the lease agreement the employer does not need to justify the reason for the notice, because for him the right to terminate the contract is enshrined in law.

The tenant can also apply to the court to terminate the contract if the rented premises are no longer suitable for habitation or are in disrepair ( clause 3 art. 687 Civil Code of the Russian Federation).

For landlord the possibilities of terminating the contract are quite strictly limited. In accordance with clause 2 art. 687 Civil Code of the Russian Federation, the rental agreement may be terminated V judicial procedure at the request of the lessor in cases:

failure by the tenant to pay for the residential premises for six months, unless a longer period is established by the contract, and in case of short-term rental, in case of failure to pay the payment more than twice after the expiration of the payment period established by the contract;
destruction or damage to residential premises by the tenant or other citizens for whose actions he is responsible.

In this case, by a court decision, the tenant may be given a period of no more than a year to eliminate the violations that served as the basis for termination of the residential lease agreement. If, within the period determined by the court, the tenant does not eliminate the violations or does not take all necessary measures to eliminate them, the court, upon repeated application by the landlord, makes a decision to terminate the rental agreement.

And at the request of the employer, the court, in a decision to terminate the contract, may postpone the execution of the decision for a period of no more than a year.

The landlord also has the right to go to court with a request to terminate the contract if the tenant or the citizens for whose actions he is responsible use the residential premises for other purposes and systematically violate the rights and interests of neighbors. But before going to court, in this case the landlord must warn the tenant about the need to eliminate the violations.

With the help of a special agreement to the residential rental agreement, the parties can terminate it. The sample can be downloaded for free from this link.

Termination of a residential lease agreement is a common thing in everyday life. Tenants find Better conditions residence, or the owner of the residential premises receives more profitable proposition about hiring from other entities. Using a special additional agreement to the main rental contract, the parties may terminate the transaction relating to the residential premises. Let us consider the main essential elements of this agreement. Using a special direct link in the corresponding block, it is possible to download a free sample of the agreement under discussion.

Since there are no open-ended contracts regarding the rental of residential premises, any contract will ever be terminated. Due to various circumstances, subjects civil legal relations in the field of hiring, cooperation is terminated and this is recorded in writing. It’s good if the counterparties came to a mutual agreement and signed an agreement to terminate further cooperation. However, the procedure for breaking up a relationship does not always go smoothly. There are cases of disagreement with the arguments of the other side, which certainly gives rise to a dispute.

Mandatory paragraphs of the agreement to terminate the rental agreement

Name, serial number and relationship to the main transaction;
Place of detention and date;
Comprehensive details of participants;
A call to action to terminate a certain number of the above-mentioned legal relationships;
Listing of termination conditions, designation of the transfer procedure;
Signing of related papers;
Other points that do not contradict the law;
Signatures and transcript.

The main agreement protects both participants, including from unauthorized actions counterparty. You cannot kick out a tenant in one day if the agreement authorizes him to live in the apartment for six months. It is worth notifying about the termination at least 30 days in advance or asking him in an amicable way to move out as soon as possible. Conversely, payment for the rented territory cannot be ignored. Both cases of termination of the relationship may entail consequences in the form of going to court and penalties sums of money spent on resolving the situation.

failure by the tenant to pay for the residential premises for six months, unless a longer period is established by the contract, and in case of short-term rental, in case of failure to pay the payment more than twice after the expiration of the payment period established by the contract;
destruction or damage to residential premises by the tenant or other citizens for whose actions he is responsible.

And at the request of the employer, the court, in a decision to terminate the contract, may postpone the execution of the decision for a period of no more than a year.

Let's sum it up

For termination lease agreement the parties are given more freedom than to terminate the tenancy agreement. This is explained by the fact that under a lease agreement an apartment is rented to a legal entity, and under a lease agreement - to an individual. And in this case, the legislator was guided by the goal of preventing the unlawful eviction of citizens from rented apartments.

We remind you once again: before concluding an agreement, evaluate under what conditions it can be terminated if necessary, so as not to find yourself helpless in the face of a cunning tenant or simply be left without payment with an idle apartment.

135 comments

AGREEMENT No. ___

on termination of the Residential Tenancy Agreement

from "_" _____ 20

Moscow city "___"___________ 20__

Ivanov Ivan Ivanovich, born 02/02/1983, passport 1234 567890, issued by the Department of Internal Affairs of the Oktyabrsky district of Moscow on 09/22/2003, hereinafter referred to as the “Lessor”, on the one hand, and Petrov Petr Petrovich, born 01/01/1975, passport 0987 654321 , issued by the Federal Migration Service of Russia for the Moscow Region in the Industrial District of the city of Balashikha on March 23, 2005, hereinafter referred to as the “Tenant”, on the other hand, collectively referred to as the “Parties”, have entered into this Agreement as follows:

1. Terminate the Residential Rental Agreement No. ____ dated “___”_________ 20__ (hereinafter referred to as the “Rental Agreement”) in apartment building, located at the address: Moscow, Moskovskaya street, building 1, apartment 2, on the 5th floor of the building and including 2 living rooms with total area 50 sq. m, from the moment of signing this Agreement. Vacate the premises within 2 calendar days from the moment of signing this agreement.

2. All obligations of the Parties under the Lease Agreement, including arrears in payments, terminate from the moment of its termination and the return of the rented premises to the Lessor under the Certificate of Return of Residential Premises, which is an integral part of this Agreement.

3. Technical condition the residential premises at the time of return are satisfactory, the composition and condition of the property owned by the Lessor at the time of return are satisfactory and comply with the terms of the Lease Agreement.

4. The act of return of the residential premises must be drawn up and signed by the parties within 2 calendar days from the date of signing this Agreement.

5. This Agreement comes into force from the moment the Parties sign the Certificate of Return of the Residential Premises.

6. This Agreement is drawn up in two copies, each having the same legal force, one copy for each of the Parties.

7. Applications:

— Certificate of acceptance and transfer of property in two copies.

Termination of a contract by the mutual will of the parties or by court before its actual execution or during the execution of a continuing contract is a phenomenon common in practice. Such a decision is formalized by an agreement to terminate the contract.

Drawing up an agreement to terminate the apartment rental agreement

The agreement is drawn up in a form similar to the form of the contract, i.e. in writing, if the lease was:

from year;
with the organization.

Termination of the contract must be registered as legal fact terminating the tenant's right to use the apartment.

It is possible to terminate the contract early only if there are grounds provided for by law:

1. the parties agreed to the early cancellation of the lease;

2. termination of the contract due to an initiative expressed by one of the parties, approved by the court:

the lessor, when the other party does not major renovation, the tenant did not pay twice, significantly worsened the condition of the apartment, or repeatedly violated the terms of the agreement.
the tenant, when the property is not provided, is unfit for use, or the lessor prevents use, when the other party does not make repairs, if this is his obligation under the contract.

It is not prohibited to establish other grounds for termination by agreement of the parties.

The agreement to terminate the contract early must also provide, among other things, for:

connection with the terminated contract;
procedure and terms of return of the apartment;
the procedure and timing of payment of the remaining lease payments, if any;
the moment the termination agreement comes into force.

Consequences early termination apartment rental

Termination of the agreement implies a break legal relations regarding the rental of property and their return to the state that existed before the conclusion of the agreement, that is, the main consequence is the transfer of property - an apartment, in this case, to the lessor.

The return of property involves its return transfer. The condition of the property is important: it should not be significantly deteriorated, but deterioration due to normal wear and tear of the apartment is allowed.

The refund is carried out within the terms stipulated in the agreement on termination of the apartment rental agreement or the agreement itself. In this case, late return is the basis for collecting rent for such a period.

All improvements made by the tenant belong to him. But the consequences of carrying out separable and inseparable improvements differ.

The tenant can take separable improvements with him, but with inseparable ones, due to their physical properties, this is impossible.

The legislator resolves this issue this way: if the improvements were made with the approval of the landlord, then he pays for them, and when the tenant made them without permission, he loses the right to compensation for the funds spent on the improvements.

Below is located standard form and a sample agreement to terminate an apartment lease, a version of which can be downloaded for free.