4 mistakes a tenant makes when terminating a lease

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return of the apartment to the rental agreement No._______ dated “___”___________20__.

_______________ “____”________________20__
_______________________________________________________________, hereinafter referred to as the Lessor, on the one hand, and _______________________________________________________________, hereinafter referred to as the Tenant, on the other hand, have drawn up this act on the following:

1. In connection with the expiration of the lease agreement for the apartment located at the address: ________________________________________________________________, hereinafter referred to as the Apartment, the Tenant transferred and the Landlord accepted the Apartment, the keys to the Apartment, as well as the Property in accordance with the Certificate of Transfer of the Apartment and Property from “____ »______________20__

2. The condition of the Apartment during the period of temporary paid possession and use by the Tenant has deteriorated beyond the normal wear and tear and depreciation rate, including:

_________________________________________________________________________________________

_________________________________________________________________

3. The serviceability, taking into account natural depreciation, and completeness of the Property located in the Apartment corresponds to what is listed in the Certificate of Transfer of the Apartment and Property, including:

_________________________________________________________________________________________

_________________________________________________________________

4. At the time of signing this act, the Tenant guarantees the absence of claims from third parties in connection with the temporary paid possession and use of the Apartment and Property by the Tenant, as well as the absence of debts for the use of subscriber telephone No. _______ - ____ - __________ and for other payments provided for in the rental agreement.

5. Due to the identified deterioration in the condition of the Apartment, malfunction and (or) incompleteness of the Property, the Tenant compensated the Landlord for property damage (damage) caused to the Apartment and Property in the amount of _____________ (__________________________________________________________).

6. The Lessor returned to the Tenant the amount specified in clause 3.5. rental agreement, minus the above payments, as well as for ___________________________________________________________________________

______________________________________________________________________________, which amounts to the amount of _____________ (________________________________________________)

Lessor: _____________________________________ ___________________________________

surname, first name, patronymic in full signature

Employer: ________________________________________________________________

surname, first name, patronymic in full signature

Download the document “Act of return of the apartment to the rental agreement”

Did not issue a certificate of return of the premises

At the end of the lease, the tenant must return the premises to the landlord. Rent will be charged until return. These are the rules from Art. 622 of the Civil Code of the Russian Federation.

The return of the premises is formalized by a deed signed by the tenant and the landlord. The absence of an act is another formal reason to calculate the rent. And the difficulty is that the lessor may deliberately avoid acceptance.

The tenant’s task is to invite the landlord in advance by telegram or registered letter for acceptance at a specific time. The tenant must have a notice of delivery in his hands. If the landlord does not come or refuses to sign, the act is drawn up with witnesses. These documents will help fight off a dispute over the collection of rent.

Sample certificate of return of premises

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Moved out before the lease officially ended

Tenants often think like this. If you remove the furniture ahead of schedule and hand over the keys, the obligation to pay rent will be automatically lifted, and there will be one less financial burden to bear. This is not true. The tenant is obliged to pay until the last day of the lease agreement - clause 13 of the Information Letter of the Supreme Arbitration Court of the Russian Federation No. 66.

The rental agreement ends on a specific date. This is usually the end date of the contract term. For example, the premises were rented until December 30, 2021.

If the tenant and owner have agreed to terminate early, the tenancy will end on the date in their agreement. For example, the parties decided that the tenant would move out before September 1, 2021.

If the tenant unilaterally refuses the contract, you need to wait for the term specified in the contract. For example, a month after sending a notice to the landlord. And if the tenant refuses an indefinite lease, the contract is terminated by default three months after notification - Art. 610 Civil Code of the Russian Federation.

Moving out a couple of days faster is not critical. But if you leave the premises a month earlier, the debt will accrue at the full rate. The landlord will easily recover the money with interest through the court or deduct it from the deposit.

To safely move out early, you need to sign an agreement with the owner. In it, indicate the actual date of departure and stipulate that the accrual of rent will stop.

Sample agreement on early termination of a lease agreement

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• Apartment rental agreement with acceptance certificate
• The act of renting out the apartment to the tenant (to the residential lease agreement)
• Agreement for the right to use office living space (sublease agreement)
• Lease agreement for office residential premises (Appendix No. 3 to the order of the Mayor of Moscow dated August 9, 1994 No. 394-rm)
• Agreement for the right to use office living space (Appendix No. 4 to the order of the Mayor of Moscow dated August 9, 1994 No. 394-rm)
• Agreement on moving into a living space in an apartment
• Apartment rental agreement
• Application for reservation of living space
• Application for exchange of residential premises
• Sample. Residential lease agreement
• Sample. Lease agreement for residential premises with the right to purchase
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• Sample. Agreement to rent a room in a residential building
• Sample. Application for subletting of residential space
• Sample. Exchange Application
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• Standard contract for the rental of residential premises in state and public housing stock buildings in the RSFSR (approved by the Post of the Council of Ministers of the RSFSR dated September 25, 1985 No. 415) (as amended and supplemented by July 23, 1993)
• Resolution of the head of the admin. Arkhangelsk dated February 23, 1996 No. 35 on the social rental agreement for residential premises
• Resolution of the head of the admin. Arkhangelsk dated February 23, 1996 No. 35 on the social rental agreement for residential premises
• The act of transferring property to a residential lease agreement

They mistakenly thought that there was a right to unilateral refusal of premises

As a general rule, a tenant can move out early if there is something wrong with the premises, and this was confirmed by the court - Art. 620 Civil Code of the Russian Federation.

Not all property owners are willing to spend time in court with tenants. Therefore, the tenant’s right to refuse the premises without trial and without reason is often written into the lease agreement. Sometimes the tenant is given the right to refuse if the landlord has not made major repairs or interferes with the conduct of business on the premises. This is possible according to Art. 450.1 Civil Code of the Russian Federation.

It is important for the tenant to read the lease agreement carefully. There should be a clear clause about early refusal without trial. If you leave without a court decision or an additional agreement with the tenant, you will be charged rent with interest.