Any tenant sooner or later comes to the conclusion that it is time to change the leased premises.
Terminate the lease and the landlord may want.
It is important to make it as simple as possible without breaking the law.
It is better if the decision on termination of the leaseis mutual. Then the parties will be required to draw up and sign an agreement on termination of the lease. If the lease has been registered, and this agreement will need to register. It will be convenient to those who have in the contract period, for which the lease. When the period expires, ceases, and the right to lease.
But sometimes one of the parties, for whatever reasons,stubbornly refuses to terminate the lease. By law, the lease can be terminated early. On it, in certain cases they have the right to both the landlord and the tenant. But it will have to act through the courts, as a unilateral refusal to perform the contract is only possible if this right is enshrined in the treaty.
According to article 619 of the Civil Code of the Russian Federation, the landlord has the right to demand early termination of the contract in the following cases:
1. if the tenant uses the property to a fundamental breach of contract or repeatedly violates the terms of the contract.
2. If the lessee substantially worsens the property of the lessor.
3. if the tenant more than two times in a row after the original terms of payment does not make the rent.
4. if the contract stipulates that the tenant must overhaul of the premises at a certain time, but it does not produce it.
Article 620 of the Civil Code provides for the tenant the right to early termination of the lease. The tenant has the right to terminate the contract with the landlord in the following cases:
1. if the landlord does not provide the property for use by the lessee or preclude the use of the property.
2. if the property is transferred to the lessee has the disadvantages of impeding the enjoyment of them that were not and could not be known to the lessee.
3. If the property is not suitable for use.
4. If the landlord does not make major repairs of the property despite the fact that it is its duty under the lease.
It should be remembered that the cancellation of the contractrent on the initiative of the lessor he must first notify the tenant in writing of the need to perform his obligations within a reasonable time. Only he has the right to go to court after such written notice (and the absence of adequate response to it). For the tenant of such a procedure is not provided.