Termination of a rental agreement between individuals. Samples of an agreement on early termination of a lease agreement
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Termination of a lease agreement by agreement of the parties (sample)
Termination of a lease agreement by agreement of the parties is one of the options for terminating legal relations between them (clause 1 of Article 450 Civil Code RF, hereinafter referred to as the Civil Code of the Russian Federation).
Note! The legislation has not proposed a unified model of such an agreement, so it is drawn up in a free format.
The agreement must include all significant details characteristic of any contract:
- name and details of the parties;
- subject of the agreement - termination of a specific lease agreement (indicate the number and date of such agreement) from a certain date, the procedure for acceptance - transfer of the object of the agreement;
- other provisions (including settlement procedure controversial situations, presence/absence of claims, etc.);
- Date of preparation;
- signatures of participants.
The agreement to terminate the lease agreement (sample) is posted below:
About the peculiarities of termination of the type of agreement in question, depending on who initiates the termination, read our articles at the links: Termination of a lease agreement unilaterally by the lessor, Early termination of a lease agreement at the initiative of the tenant.
Additional agreement on early termination of the lease agreement for non-residential premises and land
Such documentation is prepared according to general rules listed above in the article. Important! It is necessary to correctly indicate the characteristics of the object of the lease agreement, allowing it to be uniquely individualized.
- name of the property;
- his full address;
- object area;
- cadastral number;
- for a plot of land also: category of land and permitted use, description of boundaries, etc.
Note! Indicating the individual characteristics of the object of the contract is especially important when the lease is not terminated completely, but only in relation to one of several objects specified in it.
For information on how to draw up and send a letter of termination of a lease agreement, read our articles at the links: Letter of termination of a lease agreement - sample, How to send a notice of termination of a lease agreement?
Registration of an additional agreement on termination of the lease agreement
The additional agreement should be drawn up in the same form as the contract being terminated (clause 1 of Article 452 of the Civil Code of the Russian Federation). The additional agreement, being an integral part of the YES:
- It is not subject to state registration if the DA, which does not require state registration, is terminated through its conclusion. For example, concluded for a period of up to 1 year YES:
- buildings or structures - see clause 2 of Art. 651 Civil Code of the Russian Federation. The provisions of the specified norm with all the ensuing consequences apply to DA of non-residential premises (clause 2 newsletter Presidium of the Supreme Arbitration Court of the Russian Federation dated 06/01/2000 No. 53);
- land plot (clause 2 of article 26 of the Land Code of the Russian Federation dated October 25, 2001 No. 136-FZ).
- Subject to state registration if, through its use, an agreement subject to state registration is terminated.
Conclusion! The agreement to terminate the lease agreement is drawn up in writing, signed by both parties, and is subject to state registration, if the agreement to be terminated requires such a procedure.
Certain nuances of terminating a lease agreement
When terminating a lease agreement, the following issues may arise, in particular:
- dispute over compensation for improvements made by the tenant;
Important! Art. 623 of the Civil Code of the Russian Federation is based on two criteria when resolving this issue: firstly, whether the improvements are separable, and, secondly, whether they were agreed upon with the person who leased the property. Thus, the creator takes separable improvements for himself, and receives compensation for inseparable ones. However, compensation is given only to those tenants who have agreed upon inseparable improvements with the landlord.
- The DA can be terminated in relation to part of the leased property; in this case, from the additional agreement to the DA it should be clearly clear in relation to which property the agreement continues to be valid and in relation to which it is terminated;
- in cases where the parties failed to peacefully resolve the issue of termination of rental relations, the judicial mechanism for resolving disputes is used. Read about judicial practice on YES in our material at the link: Judicial practice under a lease agreement.
So, in this article, we have presented a sample agreement for the termination of a DA for download, and also outlined the key points associated with the termination of this type of agreement.
The general principles for amending and terminating lease agreements are specified in Chapter 29 of the Civil Code of the Russian Federation. The contract is automatically considered terminated upon expiration of its validity period. However, situations often arise when it is necessary to terminate it early.
Grounds and reasons for official early termination renting (and renting out) an apartment contains:
ATTENTION: In practice, the most common reason for terminating a lease agreement is the demand of one of the parties to the transaction in the event that the other party violates the terms of the agreement.
For example, the tenant does not pay rent on time, or the landlord provides an apartment with inadequate living conditions.
How to terminate an apartment rental agreement?
Early termination
Early termination of an apartment rental agreement at the request of the owner is regulated, at the request of the tenant -.
Is registration required?
If the lease agreement itself has not been registered (and for a lease for a period of less than 5 years, registration of the document is not required in accordance with Article 674 of the Civil Code of the Russian Federation), then registration of termination of the transaction is also not necessary (everything about registering a lease agreement between individuals can be found). If the agreement was subject to registration, then its termination must be confirmed in a similar way. This is usually necessary for long-term rental housing.
Article 674 of the Civil Code of the Russian Federation. Residential rental agreement form
- The rental agreement for residential premises is concluded in writing.
- Restriction (encumbrance) of the right of ownership of residential premises arising on the basis of a lease agreement for such residential premises concluded for a period of at least a year is subject to state registration in order, established by law on registration of rights to real estate and transactions with him.
In what cases can an action go to court?
The court is the only authority to which you should turn if there is no agreement between the tenant and the landlord. One party, believing that its rights have been grossly violated, may appeal to Judicial authority, filing a claim.
The statement of claim is drawn up on sheet A4. It should indicate the name court, information about the plaintiff and defendant - passport and contact information. The application should clearly indicate the essence of the requirements, if possible with references to regulations and laws.
The application will need to be accompanied by a receipt for payment of the state fee and the lease agreement. If there is material evidence of violations, it is also worth using them in the case.
According to the results trial authorized person announces a binding decision. The losing party undertakes to comply with all requirements.
Reasons for unilateral rupture
The rules for using rented housing and the reasons for termination of the transaction are usually recorded in the lease agreement when it is concluded. However, the legislation establishes specific grounds for each party to have the right to terminate the tenancy agreement.
When does the landlord have the right to do this?
According to Article 619 of the Civil Code of the Russian Federation, early termination of a rental agreement on the initiative of the lessor is possible in cases if the tenant commits the following violations:
Tenant's right
The grounds for termination of the contract earlier than the specified period at the initiative of the tenant contain. These grounds include a number of cases:
- the landlord has not provided housing for use or creates barriers to living in it (changed the locks, moved other people in, etc.);
- the owner of the apartment kept silent about significant defects in the property or did not warn the tenant about their presence, that is, the condition of the apartment as a whole does not correspond to what was declared;
- the housing has ceased to be suitable for use for reasons beyond the control of the tenant (flooding by neighbors, arson by third parties, etc.);
- the lessor refuses to carry out the work within the terms established by the contract major renovation property, which is his direct responsibility.
Who can't be evicted after a deal is terminated?
A special case when terminating a lease agreement is the presence of temporary registration with the tenants. They cannot be evicted from the apartment even if the contract expires and the landlord goes to court. In this situation representatives of the judiciary will side with residents with temporary registration and will oblige them to look for new housing within 30 days.
ATTENTION: In addition, the court provides significant deferments for the eviction of a family with children under 14 years of age from a rented apartment after termination of the contract. Moreover, it doesn’t matter if the residents have temporary registration or not.
In some cases, termination of a contract may occur due to the fact that the parties to the transaction did not take into account all the nuances of cooperation when drawing up the agreement. In our articles about the conclusion, we talked about what needs to be written down in the document in order to protect both parties and save them from possible problems. It will also be useful for you to know what is required to be drawn up in the contract and how to do it.
Termination of a rental agreement - necessary procedure, the implementation of which should be approached with no less responsibility than its conclusion. If the parties cannot reach an agreement between themselves, it is necessary to act in strict accordance with the law in order to respect their own rights and prevent their infringement.
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As a rule, the desire to terminate the lease agreement ahead of schedule arises in cases where one of the parties is no longer interested in this type relations on this object. Details such situations are considered in Article 619 of the Civil Code of the Russian Federation. In other words, when the landlord or tenant is no longer able or willing to rent an apartment.
The reasons may vary. This is the lack Money the tenant, and unsuitable conditions or condition of the apartment, and improvement housing situation tenant, for example, purchasing their own square meters.
Cases of death of the owner and inheritance of an apartment or destruction of a property stand apart. However, cases of this kind are more related to force majeure and require separate consideration.
To ensure that the desire of one participant in the transaction does not create problems for other parties, it was developed and enshrined in Russian legislation the procedure to be followed in such situations.
If the initiator is the owner of the residential premises
This side of the rental relationship is regulated. First of all, you should pay attention to what exactly owner or his legal representative may declare its desire to terminate the rental relationship. The owner of the residential premises must have documents confirming his rights, and the person replacing him must have a power of attorney confirmed by a notary.
When talking with the tenant does not lead to a change in the situation, and making a decision to terminate the contract is the only way, the first step is to notify residents of your decision, preferably in in writing by sending notification by mail. If in this case the tenant refuses to leave the apartment, you can safely go to court.
When the tenant decides to leave early
The tenant also has the right to terminate the lease agreement early, based on his own reasons. This is stated in Article 620 of the Civil Code of the Russian Federation. There is no need to explain them. The terms of termination are also reflected in the rental document and provide for notification to the owner in advance.
In common forms of agreement, the notice period is 1 month. If this information is not reflected in the papers, you should inform about your decision 3 months in advance in accordance with Article 687 of the Civil Code of the Russian Federation.
Apartment owners react to this information in different ways, including refusing to return the deposit or demanding payment additional fines. If such a development is not specified in the contract, there is no need to pay additional fees. However, such situations do not happen that often.
Is it necessary to draw up an additional agreement?
In situations of early termination of a rental agreement should be issued additional document– termination agreement. Its preparation is necessary in cases where one of the parties decides to terminate the relationship ahead of schedule, and is a reflection of the position of the parties.
It can reflect the condition of the apartment and interior items, if they are damaged, the tenant has arrears, or a possible overpayment in the form of a deposit. But this makes sense if there are controversial issues. IN otherwise The agreement contains information that the parties have no claims against each other.
Additional agreements and special conditions lease, such as repairs, paid fees to the HOA, etc., also need to be reflected in the agreement.
Signing such an agreement removes responsibility from the tenant at the time of signing, and also allows the owner or his representative to make sure that there are no unpleasant surprises left after the tenant.
When and how should you notify your intention?
As stated earlier, both the tenant and the landlord must communicate their decision in advance and notify the other party in advance. deadlines. Such measures allow the tenant to find a new apartment for rent, and the homeowner can prepare to rent out the property to new residents.
by law a period of 3 months or 90 days is provided for notifying one of the parties in writing. This is stated in paragraph 2 of Article 610 of the Civil Code of the Russian Federation. The notice is the same document as an inventory of property or a lease agreement and can be presented in court as evidence if the circumstances so require.
A letter informing you of your decision can be delivered in person, if possible. Make sure that the recipient or his representative signs the document. Self the presence of a signature is proof of receipt of the notification. In addition, in most cases, such an action will have a disciplinary effect and will avoid delaying the deadlines of one of the parties.
Termination of the contract by agreement of the parties
The most common and desirable case of termination of a lease is termination of the contract by agreement of the parties. If both parties to the transaction do not have financial or other claims against each other, the process of terminating the relationship will not cause unpleasant consequences to anyone.
However drawing up and signing an agreement to terminate the lease agreement will not be superfluous. No matter how much you trust the owner or tenant, it is better to formalize all the details on on paper and seal it with signatures.
Attention! There are cases when an apartment owner notices unaccounted for damage or missing furnishings, and then tries to recover them from the tenant.
Results
As you can see, early termination of a lease agreement is a simple process and, on top of that, regulated by law. If you follow some recommendations, you can avoid unnecessary mistakes and terminate the deal without dangerous consequences.
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 landlord, when the other party does not make major repairs, the tenant has not paid twice, has significantly worsened the condition of the apartment, or has 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;
- procedure, timing of payment of the remaining rental payments, if any;
- the moment the termination agreement comes into force.
Consequences of early termination of an apartment lease
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 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.