Termination of the lease agreement at the initiative of the tenant

A tenancy agreement can include any type of tenant's requirements. The very signing of the document means the acceptance by the lessor of such conditions.

When the agreement does not provide for grounds for terminating the transaction at the request of the tenant, the agreement can be terminated only by mutual agreement of the parties or by going to court to resolve this issue.

The following reasons are provided by law:

• if there are shortcomings in housing that prevent citizens from living in it. This clause can be used only if the tenant was not warned in advance about the presence of such shortcomings and did not know about them, or he did not have the opportunity to identify them during a direct inspection of the property, when accepting it;
• if from the moment the agreement is signed, the tenant will not have access to housing;
• when the living space has become unsuitable for its further use due to circumstances that the parties could not foresee;
• in case of deliberate creation by the owner of the living space of obstacles to the free use of the tenant of the housing;
• in case of non-fulfillment by the owner of housing of obligations regarding the repair work in housing (if there are appropriate terms in the signed agreement). Oral warnings about the intention to terminate the agreement do not carry legal force. The notice, on the contrary, is an official document, which, in the event of disagreement, can play in favor of one of the parties, resolving the litigation. There is no separate unified form for such a notice; it can also be drawn up in a free presentation. The main point is to accurately display all legal concepts.

A well-written sample lease termination notice should include:

• The full name of the document to be drawn up is "Notification". It must specify the circumstances of the termination of the lease transaction;
• The exact details of the termination initiator: TIN, name, KPP, contact information, address (actual and legal), bank account information;
• Full details of the addressee: position and full name of the person representing the second party to the transaction. In this case, everything should be indicated in the appropriate case: to the general director of Sunshine LLC, Andrey Petrovich Sergeev, or to an individual entrepreneur Borisov Yuri Vladimirovich, for example;
• All details of the counterparty;
• Link to the agreement to be terminated (name, number and date when the document was signed);
• A clause of the agreement is given, where the full procedure for the early termination of the agreement between the parties is prescribed;
• The date when the lease agreement expires, and the period after which from the date of delivery of the notice, the contract can be considered terminated in the prescribed manner;
• The date when the letter was sent (the outgoing number should be indicated when sending correspondence);
• Personal signature of an authorized representative from the organization with an imprint of the seal of the latter.

The message may also include a number of additional items that determine the requirements for the counterparty.

For example, the exact date before which the tenant should vacate the premises occupied by him can be indicated. Or it may be a period during which the resulting debt should be repaid and so on.

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Head of Stroymark LLC

(name of company)

Sevastyanov Anatoly Viktorovich

St. Petersburg, st. 3rd Building, 72/2

(organization address)

tel. (374) 388-73-81 fax (374) 835-12-95

Bank details:

Current account: 73772976394593450234

PJSC "Vito-Bank"

TIN/KPP: 7376834938/736268345

Correspondent account: 77368384393485493453

BIC: 773638345

ref. N 37/38 dated December 16, 2016

NOTIFICATION

On July 09, 2016, between our organizations Stroymark LLC (Lessor) and Brocard LLC (Lessee), a lease agreement for premises No. 37/1 was concluded. (hereinafter referred to as the Agreement).

In accordance with clause 10 of the Agreement, our organization has the right to unilaterally terminate the Agreement if your organization violates clause 8 of the Agreement.

According to clause 6 of the Agreement, your organization was supposed to perform a scheduled technical repair of the internal communications of the rented premises, however, it did not fulfill its obligations, thereby violating clause 8 of the Agreement, which is confirmed by the act of unilateral action No. 84 dated December 10, 2016.

In connection with the foregoing, we hereby inform you that the Premises Lease Agreement dated July 09, 2016 N 37/1. in accordance with paragraph 3 of Art. 450 of the Civil Code of the Russian Federation and clause 10 of the Agreement is considered terminated from the moment your organization receives this notice.

We demand to return the previously paid advance payment for rent for January 2017 in the amount of 35,000 (thirty-five thousand) rubles by December 25, 2016.

General Director of "Brocard" LLC

_______________/YES. Kovshov/M.P.

Notice of termination of the lease by the tenant: form

Head ___________________________________________

(name of company)

_____________________________________

_____________________________________

(organization address)

tel. ____________Fax________________

_____________________________________

Bank details: _____________________________________ _____________________________________

ref. N ____ from "__" _______ ______

NOTIFICATION

termination of the lease agreement

“__”__________ ____ between our organizations _____”______________” (Lessor) and _____”__________________” (Lessee) a lease agreement was concluded _____________________________ N ____. (hereinafter referred to as the Agreement).

In accordance with clause __ of the Agreement, our organization has the right to unilaterally terminate the Agreement if your organization violates clause _____ of the Agreement.

According to clause __ of the Agreement, your organization was supposed to fulfill ________________________________________________, however, it did not fulfill its obligations, thereby violating clause ___ of the Agreement, which is confirmed by ______________________________________________________________________________________________.

In connection with the foregoing, we hereby notify you that the Lease Agreement ________________________________ dated "__" _________ _____ N _____ in accordance with paragraph 3 of Art. 450 of the Civil Code of the Russian Federation and clause __ of the Agreement is considered terminated from the moment your organization receives this notice.

_______________/_______________/

(head position) (signature) (full name)

Notice of termination of the lease agreement for non-residential premises

to CEO

_______________________________________

__________________________________

Address:___________________________

Termination Notice

residential lease agreements

No._______ dated ___________ 201_

Open Joint Stock Company "________________________________________" (abbreviated name - JSC "_________"), hereinafter referred to as the "Lessor", represented by the General Director ________________, acting on the basis of the Charter, on the one hand, notifies the Limited Liability Company "____________________", hereinafter referred to as the "Leaseholder", represented by the General Director ______________________, acting on the basis of the Charter, on the other hand, of the termination of the lease agreement for non-residential premises N_______ dated __________ 20__ (hereinafter referred to as the "Agreement"), due to the expiration of the lease period for non-residential premises, from "__" ________ 20__

The obligations of the Lessor under the Agreement are terminated on "__" ________ 20__.

In accordance with the terms of the Agreement, by "__" ________ 20__ inclusive, you are invited to transfer the leased premises to the Lessor in the condition in which they were transferred to him by the Lessor under the Acceptance and Transfer Certificate of the Premises, taking into account normal wear and tear, and if during the lease period the Lessor or the Lessee made improvements in the Premises, then also taking them into account, as well as free from the personnel and property of the Tenant.

We would like to draw your attention to the fact that if the Lessee does not remove all of its property from the Premises on the expiration date of the lease term, the Lessor shall have the right, at its own discretion, to move all the specified property or part of it from the Premises, without being liable to the Lessee for its loss or damage, and the Lessee shall bear all expenses incurred in connection with such movement and storage.

Sincerely,

CEO

OJSC "___________"

_____________ / _____________ /

Acquainted with the notice:

__________________________

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