Advice 1: How to terminate the lease agreement

It rent the entrepreneurs of small and medium business, with little start-up capital, gives you the opportunity to start their activities. But sometimes it is necessary to terminate the contractand for the rental of the premises. To safely do this operation, you must adhere to certain legal aspects, as at the conclusion, and in case of early termination of the contract for the rental of the premises.
In order to terminate the tenancy agreement you must follow the basic aspects
You will need
  • the lease agreement
Instruction
1
Enter into an indefinite contract of lease:it is Desirable, provided the early termination of the lease, to enter into an indefinite contract of lease. In this case, it is sufficient to notify the landlord or the tenant of the intention to terminate the contract in three months. Then the reasons for termination do not have any legal value.
2
Specify in the contract the exact date of divorce:If compiled fixed-term contract, ie, with the exact date of termination of the contract, for its dissolution requires a good reason. Therefore, the contract should specify all the reasons that may be terminated the contract, based on articles 619 and 620 of the Civil Code of the Russian Federation, which are all grounds for termination of this agreement. In addition, you may need and making the act of reception-delivery of the premisesto the landlord and tenant went without mutual claims, which greatly simplifies the procedure for termination of the contract.
3
Apply to the court of arbitration:To achieve early termination of the contract for the rental premises, you must submit a claim to arbitration, which shall include all the reasons that led to this decision. Then the judge will independently determine the rationality of the termination of this agreement.
4
Analyze violations of the agreement:Based on the analysis of the practice of arbitration courts, it follows that in most cases the court is won in favor of the plaintiff, if the following violations:- Rented premises is not used for the purpose specified in the agreement;
- The lessee does not contain rented him a room in the proper form and brought him some damage because of the negligence, and for that compiled the document, as the act of reception-delivery of the premises;
- When identifying with a place to subleaseif it was not stipulated in the contract rent.
Useful advice
Deciding to lease or rent premises, you first need to thoroughly read the articles 450, 451, 619 of the Civil Code of the Russian Federation, as well as with a number of decisions of FAS MO.

Advice 2: How to terminate the lease of non-residential premises

To terminate the contract of lease of nonresidential premises by expiration of the lease, upon the agreement of both parties or on the initiative of one party. It is necessary to comply with all legal aspects of the current legislation, in particular articles №№ 451, 452, 453, 618, 619, 629 Civil code of the Russian Federation.
How to terminate the lease of non-residential premises
You will need
  • - a letter with a list of attachments and a notice;
  • - a statement to the court.
Instruction
1
If the validity of the lease of non-residential premises has expired, and neither party has expressed a desire to extend the relations of the lease, the contract is terminated.
2
Early termination of lease agreement non-residential premises will be by mutual agreement of lessor and lessee. If achieved mutual agreement and neither party is not opposed to terminate the relationship under the contract, terminate the contract without prior notice, and without any additional conditions.
3
If you wish to terminate the lease of non-residential premises unilaterally, the terms of early termination of the lease must be specified in the contract. If items on early termination of the contract, they arise from existing legislation. You must notify the lessor or of the lessee on early termination of the agreement by sending a registered letter with the investment inventory, and delivery notification. It should be done no later than two months prior to the termination of the contract.
4
The lessor shall pay a penalty to the tenants for early termination of the contract in an amount equal to the payment for non-residential premises for one month. If the initiator of termination of the contract are tenants, advance payments for lease of premises't come back.
5
Without warning unilaterally terminate the agreement only by court order. Sufficient basis for a positive decision of the court will be:- the use of premises not to destination, specified in the contract;- late payment of rental payments;- property damage;- transfer of the premises in the sublease without the owner's consent; the breach of any clause of the contract;- other grounds which the court deems sufficient to terminate the contract.
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