That's premises rentals entrepreneurs of small and medium-sized businesses that do not have a large start-up capital, gives you the opportunity to start their activities.
But sometimes it becomes necessary to terminate the contract for the rental of premises.
In order to safely perform such an operation, it is necessary to adhere to certain legal aspects, such as when entering or early termination of the contract for the rental of premises.
You will need
- tenancy agreement
Enclose open-ended contract rental: It is advisable, if provided for early termination rental, To enter into an open-ended contract rental. In this case it is sufficient to inform the landlord or the tenant of the intention to terminate the contract within three months. Then the reason for termination have no legal value.
Specify in the contract the exact date of its termination: If the fixed-term contract is made, ie, with the exact date of termination agreement, The need for its dissolution compellingcause. Therefore, the contract must specify all the reasons for which may be terminated by agreement on the basis of Articles 619 and 620 of the Civil Code of the Russian Federation, in which all the grounds given for the termination of such agreement. In addition, you may need to act and drafting Acceptance of premises to the landlord and the tenant went without mutual claims, which greatly simplifies the procedure for termination agreement.
Apply to the arbitration court: To achieve early termination agreement on rent, you must submit a claimapplication to the Court of 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.
Analyze violations agreement: Based on the analysis of the practice of arbitration courts,It follows that in most cases the court will be won in favor of the plaintiff, if they have the following violations of the place: - Rented room is not used for other purposes specified in dogovore-
- The tenant does not contain surrendered his room in the proper form and brought him some damage due to negligence, and for this, a corresponding document as an acceptance certificate pomescheniya-
- In identifying occurring subrentalIf it was not stipulated in the contract rental.