general information
These persons can enter into a contract for renting an apartment, and this process will not require any intervention from a notary . The contract is usually drawn up in writing, as required by the legislation of the Russian Federation.
The term “hire agreement” is a corresponding, drawn up civil act that has a legal basis. It is signed by two participants - parties, where one is obliged to pay the other a specific previously agreed upon fee in cash or non-cash means in such a form as payment for a service .
Each party automatically, by concluding an act, becomes a subject of civil legal relations .
The object of the contract is a specific housing, office or other real estate.
It can also become other real estate.
In simple words, one of the parties can use someone else’s real estate for a specific amount of time and pay a pre-agreed amount of money for it.
Find out in our article what a tenant must pay for.
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As we promised, we will now move on to the specifics of terminating specific types of contracts. Let's start with the lease agreement.
Like any civil contract, a lease agreement can be terminated by agreement of the parties on any terms that they agree with each other.
As for the termination of the contract at the request of the parties, the grounds for such termination are enshrined in Art. 619 of the Civil Code of the Russian Federation (Early termination of the contract at the request of the lessor) and Art. 620 of the Civil Code of the Russian Federation (Early termination of the contract at the request of the tenant).
Before moving on to a detailed consideration of these articles, we note: both states that the parties can provide other grounds for terminating the contract at the request of each of them.
In accordance with Art. 619 of the Civil Code of the Russian Federation, at the request of the lessor, the rental agreement may be terminated early by the court in cases where the tenant:
- uses the property with a significant violation of the terms of the contract or the purpose of the property, or with repeated violations;
- significantly deteriorates the property;
- fails to pay rent more than two times in a row after the expiration of the payment period established by the contract;
- does not carry out major repairs of the property within the time period established by the lease agreement, and in the absence of them in the agreement, within a reasonable time period in cases where, in accordance with the law, other legal acts or the agreement, major repairs are the responsibility of the tenant.
The grounds on which the tenant may request are enshrined in Art. 620 Civil Code of the Russian Federation. These include cases when:
- the lessor does not provide the property for use by the tenant or creates obstacles to the use of the property in accordance with the terms of the agreement or the purpose of the property;
- the property transferred to the tenant has defects that prevent its use, which were not specified by the lessor when concluding the contract, were not known to the tenant in advance and should not have been discovered by the tenant during an inspection of the property or checking its serviceability when concluding the contract;
- the lessor does not carry out major repairs of the property, which is his responsibility, within the time period established by the lease agreement, or, if they are not included in the agreement, within a reasonable time period;
- Due to circumstances for which the tenant is not responsible, the property will be in a condition unsuitable for use.
Reasons and circumstances
How to terminate the contract? What are the conditions and grounds for this ? There are various circumstances that can trigger this process.
Everyone is obliged to remember that in such a precedent the force of the law must always be taken into account, whether for the conclusion of a contract or its termination.
The tenant initiates the procedure for terminating the contract, and must also take into account the opinions of other people living in the rental area. It is the employer's responsibility to notify the lessor of the upcoming termination of the contract . The landlord himself also has every right to apply the effect of breaking the contract prematurely , before the expiration of the period specified earlier.
When the person who acts as the tenant, or his cohabitants, act unlawfully and deliberately damage the rented territory , make payment late or do not make it at all, then the landlord has the privilege to terminate the contract. Read about the rights and responsibilities of a landlord on our website.
The procedure for terminating a rental or rental agreement
In accordance with Art. 452 of the Civil Code of the Russian Federation, an agreement to terminate a contract is made in the same form as the contract.
That is, if the contract is concluded in simple written form, then an agreement signed by the parties is sufficient for termination. But if the contract was registered in accordance with the requirements of the law, then its termination must be registered in the same manner.
Termination of contract by court decision
If you legally demand that your employer/tenant terminate the contract, and he refuses this requirement or does not provide an answer within the agreed period, then you have the right to apply to the court to terminate the contract (Clause 2 of Article 452 of the Civil Code of the Russian Federation ).
What laws govern it?
The Civil and Housing Codes of the Russian Federation regulate the termination of a tenancy agreement.
This is clearly written in Part 2 of Chapter 35 of Article 687, Article 688 of the Civil Code of the Russian Federation, Chapter 10 of Article 101-103 of the Housing Code of the Russian Federation on the termination and termination of a rental agreement for specialized residential premises, which talks about the eviction of citizens from such premises.
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The need to terminate a contract may arise for various reasons.
But just like the conclusion of a contract, its termination must take place in accordance with the law. Moreover, it is better to familiarize yourself with the procedure for terminating the contract even before its conclusion, so as not to discover any unpleasant surprises for yourself later. The purpose of this article is to draw your attention to the main aspects of termination of a contract in general and to the features of termination of a lease and rental agreement in particular.
We have discussed the features of termination and, in general, the settlement of the situation related to the exceptional circumstances of 2021 - the COVID-19 coronavirus pandemic - in a separate article.
General provisions for termination of contracts are described in Chapter. 29 Civil Code of the Russian Federation.
Algorithm of actions
How is the procedure performed?
Notice of termination of the agreement: in order to carry out the procedure correctly, after the appearance of pretexts for terminating the contract for the rental of residential premises, it is necessary to provide notice of its termination. This documentation is prepared in written form.
The form of termination depends on the form of the contract. For example, an agreement signed by the parties would be appropriate in this case if it was drawn up in writing.
One of the components of the procedure for terminating a contract for the rental of residential premises is drawing up an act of termination . Such an act contains information:
- about eviction of a tenant;
- about calculations;
- about accepting keys;
- about many other details.
The act also indicates the claims of the parties , cases of damage to property, if any.
When is a contract considered terminated? Termination of a document occurs when the parties enter into an agreement to terminate it. Also, an act is accepted as terminated when a court verdict on such termination comes into force.
Both parties have the right to terminate the contract early Since we are talking about the landlord, the reasons for such actions will be the facts of damage to property by the tenant, violation of the terms of the contract, and also late payment for rent.
In the event that such negative situations occur that the citizen who is renting the premises refuses to rent it out upon concluding a contract, or its condition is not suitable for living , then the tenant, accordingly, also has every reason to terminate the contract prematurely.
Registration of the termination of the rental agreement is appropriate only in such a situation if a contract for the rental of housing premises was previously registered.
Grounds for termination of lease agreements
Article 450 of the Civil Code of the Russian Federation provides for the following grounds for termination of contracts:
- Agreement of the parties
- A court decision at the request of one of the parties in case of a significant violation of the contract by the other party
- A court decision at the request of one of the parties in cases provided for by the Civil Code of the Russian Federation, other laws or the agreement itself
- Unilateral refusal to perform a contract by one of the parties, when such refusal is permitted by law or agreement of the parties
Litigation
Under what circumstances does an action develop into a process that takes place in court? In a lawsuit, the contract is terminated when the person renting the housing or the person who is renting it out requires it, provided that at least one of the cases provided for by law occurs. For example, when the conditions of a rented home are unsuitable for staying in it .
In addition, the legislation provides that the impetus for breaking the agreement in court can be the emergency condition of the housing that is being rented. We remind you that both parties have the right to initiate this under such circumstances.
As for the lessor specifically, he personally can initiate termination of the document in court. The reasons for such requirements will be the tenant’s failure to comply with the points specified in the agreement regarding payment for housing .
Also, a significant reason for the above-mentioned actions on the part of the landlord will be illegal behavior with property on the part of the tenant.
As a result of proceedings in the courts, the judge must make his decision at the end of the process. Much depends on the current situation.
For example, the court may allocate a certain term to the employer so that he restores or pays for the property damaged by him . (Read on our website about why you need a security deposit when renting out an apartment). A certain term is also given for such actions; it does not exceed one year. During this time, the employer must rectify the situation.
For any negative circumstances, the landlord or tenant can appeal to the judicial authorities. The pronouncement of a residual sentence by a judge must be carried out within the time limits provided for by the legislation of the Russian Federation.
What should the owner do?
If the apartment owner himself wants to end the rental relationship, he has two main options.
Without trial
If the lessor in the contract has provided for the possibility of unilateral termination on his own initiative, then by virtue of Art. 450.1 of the Civil Code of the Russian Federation, such a condition will be valid. In this situation, the landlord, within the period established by the contract, sends a notice of refusal to fulfill obligations under the rental agreement, has the right to demand eviction from the tenant, and also, in self-defense, the right (Article 12 of the Civil Code of the Russian Federation) to change the keys in the apartment.
In addition, termination of the contract is allowed at the initiative of the lessor, but with the consent of the lessee. Exactly how this is done is described above.
Forced eviction
If it is not possible to reach an amicable agreement, the landlord can file a lawsuit in court and demand not only termination of the contract, but also forced eviction. In addition to the grounds described above, provided for by the Civil Code of the Russian Federation, you can go to court if the contract stipulates the landlord’s right to early termination.
The procedure for termination through court will be as follows:
- The lessor is preparing a statement of claim in accordance with Art. 131 of the Code of Civil Procedure of the Russian Federation and pays the state duty.
- The claim and the documents attached to it under Art. 132 of the Code of Civil Procedure of the Russian Federation (receipt for payment of the duty, copies of the contract, other evidence) are sent to the court by mail or transferred to the court office in person.
- The claim is accepted for consideration and a hearing time is set.
- The judge agrees with the plaintiff and satisfies his demands.
- After the decision has entered into force, the plaintiff has the right to contact the bailiffs and demand that they organize the forced eviction of the tenant in the prescribed manner.
One-sided break
What are the excuses for unilaterally breaking an employment contract? Under what circumstances is the lessor entitled to terminate the contract?
The landlord has the right to initiate legal proceedings if, after warning the tenant, the latter has not taken measures to eliminate the violations. If so, the court may order the tenant to be immediately evicted.
Pretexts that lead to the corresponding actions of the landlord include the use by the tenant of the rented premises for purposes other than their intended purpose .
One of the circumstances may be the fact of regular violation of the rights of citizens living nearby , for example, neighbors. This refers to listening to music loudly at inappropriate times of day, immoral behavior, and scandals. (Read our article about where to complain if your neighbors are renting to noisy tenants).
Under what circumstances does the employer terminate the contract? The employer can unilaterally terminate it at any time. It is important to note that he can do this without going to court .
The rules do not limit the pretexts for such termination of the contract by the employer. To carry out such a procedure, the employer must obtain the consent of those citizens who permanently reside with him.
Additionally, a warning , which is provided to the landlord. It is compiled in writing.
The landlord must be notified of such a warning three months before the desired date of termination of the contract.
During this period, the landlord can decide what to do with the premises next.
This is convenient for finding new employers. But sometimes it happens that tenants are not at all interested in this, and often they simply move out without warning the landlord about it. Then the tenant must reimburse the rent to the person who rents the premises.
When can a document be terminated?
Depending on who is the initiator, the grounds for termination vary significantly. So, for what reasons can an apartment rental agreement be terminated?
IMPORTANT: In order to unilaterally terminate the contract, the landlord must go to court!
At the initiative of the lessor
According to Part 2 of Art. 687 of the Civil Code of the Russian Federation, rental housing can be terminated by the owner of the premises if the tenant commits one of the following actions:
- The tenant does not pay rent for more than six months, unless another period is established by the contract. If the rental is short-term (that is, less than a year), then it is enough not to pay the rent for two months in a row.
- The tenant himself, members of his family or someone else from the persons for whom he is responsible spoil or destroy the apartment.
In addition, according to Part 4 of Art. 83 of the Housing Code of the Russian Federation in the case of social hiring (and Part 4 of Article 687 of the Civil Code of the Russian Federation - in the case of commercial hiring (agreement)), additional grounds for termination may be:
- The employer systematically interferes with neighbors, violating their rights and interests.
- He is using the apartment for other purposes.
Finally, the landlord has the right to demand termination of the contract in cases where the housing is no longer suitable for permanent living - but the tenant also has this right.
Watch the video: How to terminate a lease agreement early
How to terminate a lease agreement early
Employer's desire
In the case where the person renting the property wants to end the relationship, everything is much simpler. Part 1 art. 687 of the Civil Code establishes that in order to terminate the contract, it is enough for him to obtain the consent of all persons living with him in the rental order - and to warn the landlord. The notice period for termination of the contract is three months , but it will not be a violation if this is done earlier.
