Agreement on termination of the lease agreement for non-residential premises

Lease represents the transfer of rights to non-residential premises to another person for a certain period.

Circumstances may arise in which it becomes necessary to revise the concluded lease relations, and as a special case, their early termination. In this case, it is necessary to observe the correct registration of a premature break in the lease.

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Termination of the lease agreement can only occur if there are significant reasons for this. It may be terminated between its members under the following circumstances:

1. at the end of the lease term.
2. In case of termination of lease relations earlier than the established period:

• by mutual agreement of the tenant and the landlord;
• at the unilateral demand of both the landlord and the tenant.

A copy of the application is provided to all interested persons.

To file an application with the court, it is required to attach a receipt for payment of the state duty, documents as the basis for the claim, a certificate of state registration of the organization (for a legal entity).

The judge decides within five days to accept or reject the application under Article 127 of the Arbitration Procedure Code. If the decision is positive, all interested parties of the case under consideration are notified about it. If the judge considers the grounds presented in the application insufficient, the document remains without movement.

The act of termination is drawn up with the consent of the parties. The document indicates the participants in the transaction, also provides a link to the number and date of the lease.

The expiration date of the lease must be fixed. A mandatory condition is written in the document on the drawing up of an acceptance certificate or a phrase stating that the parties do not have claims against each other.

The act of termination of the lease agreement for non-residential premises is signed by both parties, and the date of its execution is indicated.

The picture shows an example document:

When an agreement is reached on the termination of the lease relationship, an agreement is signed, which will be only a formal document. It is not a strictly regulated form, but it must contain mandatory details. The very sample of termination of the lease agreement for non-residential premises will be given a little lower.

This document is formed in several copies, which have equal legal force.

After the agreement is drawn up and endorsed, the lease participants conduct an inventory of the non-residential premises and sign an act of acceptance and transfer of the object. If at this stage it was not possible to agree, then you can send a claim to the court.

If the agreement was recorded in the Unified State Register, then it is necessary to formalize its termination by canceling the registration record on the basis of the signed agreement.

Below is an example of a completed document:

How to terminate the lease of non-residential premises ahead of schedule? For this, an additional agreement to terminate the lease of non-residential premises.

The document of the agreement on the early termination of the non-residential lease agreement considers the need to revise certain conditions that will allow the agreement to be terminated without going to court.

1. In the header of the additional agreement, the parties to the lease are indicated, all information on them is recorded: name or full name, address, contact information.
2. The text of the document indicates the number and date of the contract being terminated, and the requirements to be resolved before the final termination of the lease are recorded. The question is how they will be eliminated.
3. At the end, the date and signatures of the parties are affixed.

You could find a sample application for termination of a non-residential lease agreement above. The same section describes the algorithm of actions to terminate the contract.

Upon expiration of the lease term and lack of interest in its extension, the contract is considered terminated.

The procedure for terminating a lease agreement for non-residential premises is as follows:

In the event of a unilateral termination of the lease relationship:

1. a notice of termination of the lease agreement for non-residential premises is drawn up on the one hand of the parties to the agreement. If the initiator of the gap is the landlord, then he will pay a penalty to the tenant. If the initiator is a tenant, in this case the advance payment will not be returned. The following two options are considered:

Going to court	Pre-trial decision
If no agreement to terminate the lease is found, a statement of claim is filed. It is accompanied by documentation confirming the violations committed by one of the parties.	When a compromise is found, an additional agreement is drawn up, which takes into account all the measures, the need for which will allow terminating the contract without going to court.
Filing an application to the court and informing all participants of the rental relationship about it.	An act of acceptance and transfer of non-residential premises is drawn up, which fixes the current state of the object.
Acceptance of the case for consideration or refusal.

2. If the contract was registered in the Unified State Register, then it is necessary to apply to it to cancel the registration entry.

The composition of the documents required for termination will depend on how the contract is terminated:

The state duty is not charged when terminating the contract in Rosreestr.

The notice is a legal paper on the basis of which it is possible to cancel the lease agreement. Usually it is issued when concluding an open-ended agreement or making a decision to terminate the lease unilaterally.

The notification is sent by the initiating party, and the paper must be drawn up in two copies.

You can deliver the notice in person. In this case, it is necessary that the party to which the notification is sent put the date and signature on the copy of the initiator of the termination of the contract.

Can be delivered by registered mail. A link to a sample letter of termination of a lease agreement for non-residential premises is provided below.

Below is a photo of the document:

Conclusion

Termination of the contract for the commercial rental of residential premises may occur as a result of the expiration of its term, as well as in case of certain violations of the conditions specified in the document. Certain procedures must be followed when terminating a lease.

Maintain proper documentation. If, even at the stage of concluding a lease agreement, it includes conditions for unilateral termination, then it is possible to resolve the conflict in a pre-trial order.