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Written notice of termination of the lease

There are situations when a previously drawn up lease agreement must be terminated for a number of reasons. These can be both personal problems that have arisen, and a violation of the articles of the Civil Code of the Russian Federation or the terms of the contract. Regardless of the reason, this operation must begin with the preparation and transmission of a written notice of the decision to the other party.

Main provisions and reasons for termination

The contract is canceled both after the expiration of the period specified in it, and in connection with a court order.

The most acceptable option is to cancel the document with the consent of both parties to the relationship. In some situations, it is done unilaterally. A prerequisite in this case is a notice of termination. When compiling it, you can refer to the laws of the Civil Code of the Russian Federation, the grounds specified in the agreement.

Reasons for termination for the landlord:

Damage to the leased area;
Failure to pay rent for more than 2 months in a row;
The premises are used with violations;
The terms of the agreement are violated.

Reasons for termination for the tenant:

The premises has a number of flaws that are not related to the actions of the tenant;
The lessor does not fulfill the terms of the contract;
Obstacles are created in the use of the premises;
The property had flaws that were hidden by the owner.

The contract is terminated not earlier than 3 months after receipt of the letter. Exceptions - other terms are specified in the agreement.

Termination of the land lease agreement

When renting land, the agreement can be terminated only by a court decision. According to Article 46 of the Labor Code of the Russian Federation, the reason may be:

The use of land is not in accordance with its intended purpose;
The action of the tenant leads to a decrease in fertility, environmental degradation;
The tenant poisons, pollutes or spoils the fertile layer of the earth due to work with fertilizers and growth stimulants;
The site has not been used by the tenant for 3 or more years.

Sublease

The procedure for canceling a sublease agreement is no different from terminating a regular one. The only difference is that it happens in two steps:

First, the contract with the subtenant is canceled;
Then the termination of the agreement with the landlord is formalized.

The reasons and order of registration remain the same.

Cancellation Notice

This paper is a legal document, the main task of which is to annul a previously concluded agreement.

It is used if:

The duration of the agreement is not specified;
There are conditions that automatically renew the contract;
A unilateral refusal to fulfill the conditions is initiated.

For notice of cancellation, the initiating party is required to send a letter of termination. The paper is drawn up in two copies. One remains with the compiler, the second is sent to the counterparty.

It is handed in person, while on the second copy the recipient indicates the date and certifies it with a signature. Another option is to send the notification by registered mail.

To date, there are no clear requirements for the type of notification. But, despite this, it is necessary to adhere to the following document structure:

Details of both parties to the agreement;
Document's name;
The main part, which indicates the details of the contract, the name, parties and subject matter, the reason for termination with links;
Conclusion: cancellation requirements (repayment of debts, compensation for damages, vacating the area), date of cancellation, deadlines for responding to the notification;
List of attached papers - testimony of witnesses about violations, notices of non-payment, etc.;
Signature and date.

The counterparty is obliged to provide a response within the specified period or within a month. The starting point in this situation is the date of receipt of the letter.

Document Template

The proposed template can be used by both the landlord and the tenant.

Director (company name and details)

From (company name, details)

Notice of termination of the lease agreement unilaterally

(date of conclusion of this agreement) between (side 1) And (side 2) lease agreement was signed (details, date of signing, name)(hereinafter referred to as the contract).

The agreement provides for the conditions on the basis of which the company can terminate this agreement unilaterally (points).

According to par. (paragraph) Contracts you were obligated to (specify responsibilities), but did not fulfill their obligations, violating the . (such and such) Agreement.

It's getting damaged (papers and facts confirming the violation are given).

Based on this, we notify you that the Agreement (requisites) in accordance with clause of the Agreement is considered terminated from (date of termination).

We require that you (requirements) before (date is indicated).

Signature, date of compilation, transcript of the signature.

Notification Examples

For non-residential premises, the author is the landlord:

Director of the company "Vesta", Moscow, st. Lenina, 25, v. 45-65-67

From the director of the Real Estate + company, Moscow, 1st Krymsky proezd, 42, t. 45-46-78,

l/s: 987677859

Notification of refusal to fulfill obligations under contract No. 135 dated 12/12/2014

On 12/14/2014, an agreement No. 135 dated 12/14/2014 was concluded between the Vesta company and the Nedvizhimost + company, providing for the lease of premises for a store with an area of 250 sq. m. (hereinafter referred to as the contract).

The agreement provides for a number of grounds on the basis of which our company can terminate this agreement unilaterally, clauses 3.1 - 3.10

In accordance with clause 3.4 of the Agreement, you were obliged to:

carry out a major overhaul of the building within 18 months after the conclusion of the contract;
in accordance with paragraph 3.9 to make utility payments.

You have not fulfilled your obligations, violating clauses 3.4 and 3.9 of the Agreement.

This is damaged by the receipts received by us on non-payment of utility bills from 01.01.2015, as well as the conclusion of the commission on non-completion of repairs.

As a result, we inform you that Agreement No. 135 dated 12/14/2014 on the lease of premises in accordance with clause 5 of the Agreement is considered terminated from 09/01/2016.

We require that you:

Paid all utility bills.
They paid a penalty in the amount of 350,000 rubles in accordance with clause 5.2. until 01.11.2016.
The premises were vacated until 11/01/2016.

Attached to the notice:

Act with the conclusion of the commission.
Receipts.

Signature / Ivanov Ivan Ivanovich. 28.08.016

For living quarters. Author - tenant

Head of the company "The house in which we live", Arkhangelsk, st. Yesenina, 123,

From the tenant Mishina I.K., Arkhangelsk, Krutoy pereulok, 46, t. 65-65-788

Lease Cancellation Notice

Agreement No. 125 dated April 23, 2016 on the rental of an apartment (hereinafter referred to as the agreement).

The contract described the living conditions, the cost of services and other details. But when drawing up the contract, the fact was hidden that for non-payment of debts for more than 2 years the apartment was disconnected from the central heating system.

According to the Civil Code of the Russian Federation, the concealment of this information is a good reason for terminating the contract.

Based on this, we are forced to send you a notification that Contract No. 125 dated 04/23/2016 on renting an apartment in accordance with the Civil Code of the Russian Federation will be terminated from 10/15/2016.

We require that you:

They paid the amount of the penalty in the amount of 40,000 rubles, prescribed in clause 5.1.
They picked up a new housing in accordance with the conditions set forth in the Agreement No. 125 dated 04/23/2016 on renting an apartment, clauses 1.1 - 1.16 until 10/10/2016.

Attached to the notice is a certificate of disconnection from the heating system.

In case of non-compliance with the requirements, we will be forced to file a lawsuit against you.

Signature / Mishin Igor Konstantinovich. 28.08.2016

Video: General information about terminating a lease

The specialist will talk about the main provisions regarding the termination of the lease, the reasons for early termination. In addition, you will learn what stages the contract termination process consists of, how to draw it up correctly, what to look for, and most importantly, how to wait for the results and what to do if they do not satisfy you.

Termination of the lease agreement is possible if there are good reasons for this. When canceling the agreement unilaterally, it is necessary to notify the other party in writing 3 months before the termination of the lease agreement.