IMPORTANT NUANCES OF THE LEASE AGREEMENT

 Extremely often, our clients are asked how to terminate the registered landlord's contract and not lose money (given the fact that landlords are more likely to seek legal assistance than tenants). Early termination of the contract, in particular during the quarantine period, in most cases occurs in the presence of arrears of rent.

 Usually the debt is taken out of the contract, ie, in the additional termination agreement prescribes: "At the time of termination, the parties confirm that the tenant has a debt of UAH 1,000, which he must repay by 01.01.2022."

 And in such a situation you can face the ingenious behavior of tenants, as a result of which landlords were forced to give up debt.

 This happened due to the fact that before concluding the termination agreement, the parties signed an act of acceptance of the transfer of premises. Here, if the contract is registered, the landlord becomes somewhat dependent on the tenant, who in addition to the act of transfer must sign a termination agreement. An additional agreement is a mandatory document for repayment of the lease record, which is necessary for the owner for further delivery of the premises.

 And if in short-term contracts the tenant is completely dependent on the landlord, then in registered this dependence is bilateral:

• It is important for the landlord to obtain an agreement to terminate the contract to repay the registration record (right of use, etc.).
• It is important for the tenant to sign a transfer deed to record the end of the tenancy payment obligations.

 And if you first sign the act of acceptance of the transfer, the tenant gets what he needs and may refuse to sign an additional agreement with the specified debt, requiring the following wording: "The parties have determined that they have no unfulfilled obligations to each other, in including the payment of rent."

 Therefore, it is necessary to approach the process of signing any documents responsibly.

 The next situation that arises from the lease agreements is the retention of the lessee's property by the lessor upon termination of the agreement. Are such actions lawful and should I even turn to law enforcement on this fact?

 If the landlord's rights to maintain the tenant's property and restrict access to the premises due to debt are spelled out in the contract, it makes them legitimate. But if the landlord holds the property illegally (no debt, the value of the property exceeds the debt, etc.), it is worth contacting law enforcement. Thus, when concluding any real estate contract, as well as other documents for the implementation of such contracts, we recommend using the services of a qualified lawyer who knows how to protect your rights.

 Prikhodko & Partners Law Firm provides a number of real estate services, please contact us - we will provide qualified and competent legal support.