Фото: Development of a land lease agreement

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Development of a land lease agreement

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Drafting a land lease agreement is an important legal process that requires a careful approach. When drawing up such an agreement, it is necessary to take into account the current legislation, foresee the rights and obligations of the parties, and also clearly define the essential terms of the lease.

The contract must contain information about the parties (the lessor and the lessee), a description of the land plot with exact boundaries, the intended purpose and the term of the lease. It is also necessary to settle the issue of the amount of the rent, the procedure for its change and introduction, responsibility for breaching the terms of the contract. It is important to provide for the conditions for the return of the land plot after the end of the lease term and the possibility of its redemption by the tenant. For the contract to be legally valid, it must be notarized.

According to the Land Code of Ukraine, after the expiration of the term for which the land lease contract was concluded, the lessee has a priority right to renew the contract by concluding it for a new term. This right of the lessee is effective on the condition that he properly fulfills his obligations in accordance with the agreement and there are no other grounds for terminating the right of lease.

Contract extension procedure:

  • The tenant's notification of the intention to extend - Notification period: no later than one month before the expiration date
  • Consideration of the request by the lessor - Providing a motivated answer - Possible grounds for refusal: - Non-fulfillment of essential conditions of the previous contract - Presence of rent arrears - Other valid reasons

In order to extend the contract, it is necessary for the lessee to officially notify the lessor of the intention to use the preferential right to conclude the contract for a new term. Such a notification must be made within the period established by law - no later than one month before the expiration of the previous contract.

The lessor, in turn, is obliged to consider the tenant's request and provide a reasoned response to the decision. In case of refusal to extend the contract, the lessor must cite valid reasons, such as non-fulfillment of essential terms of the previous agreement, rent arrears, etc.

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How to extend a land lease agreement

Determination of the term of the new contract:

  • By agreement of the parties
  • Within the deadlines for the corresponding category of land

The parties can agree on a new lease term within the limits established by legislation for the relevant categories of land. The essential terms of the previous contract are generally preserved, although the parties may make certain changes by mutual agreement.

If the lessor refuses to continue the contractual relationship in the absence of legal grounds for this, the lessee can apply to the court with a demand to renew the agreement. In such a case, the court will examine the circumstances of the case and issue a decision in favor of one of the parties.

Extension of the land lease is an important mechanism that:

  1. Protects the rights of the tenant
  2. Ensures stability of land relations
  3. Upon proper fulfillment of the terms of the contract, it gives the lessee a preferential right to conclude an agreement for a new term
  4. Allows you to defend your right in court in case of groundless refusal by the landlord.

In summary, the extension of the land lease agreement is an important mechanism for protecting the rights of the tenant and ensuring the stability of land relations. In case of proper fulfillment of contractual obligations, the lessee has an overriding right to conclude an agreement for a new term, and in case of unjustified refusal by the lessor, it is possible to protect his right in court.

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Legal support for the development and conclusion of contracts

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The legal company "Prykhodko and Partners" can provide the following services related to the extension of the land lease agreement:

Consulting services:

  • Clarification of the requirements of the legislation regarding the extension of the land lease agreement
  • Analysis of the current lease agreement and assessment of the prospects for its extension
  • Consultations on the extension procedure, preparation of the necessary documents
  • Recommendations regarding the terms and conditions of the new lease agreement

Legal support of the contract extension procedure:

  • Preparation of notice of intention to extend the lease agreement
  • Negotiating with the landlord on behalf of the tenant
  • Preparation of a draft of a new land lease agreement
  • Legal analysis and agreement of essential terms of the contract

Representation of interests in court:

  • Drafting a claim in case of groundless refusal of the lessor to extend the contract
  • Collection and preparation of the evidence base
  • Representation of the tenant's interests in court hearings
  • Appeal against adverse court decisions

Related legal services:

  • Verification of title documents for the land plot
  • Assessment of risks associated with land lease
  • Preparation of documents for registration of the lease agreement
  • Protection of the lessee's rights in case of violations by the lessor

Therefore, our law firm can provide comprehensive legal assistance at all stages of the extension of the land lease agreement - from consulting to representation of interests in court.

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Lawyer, specializes in resolving international arbitration and court disputes, corporate, labor, medical, contract law, as well as supporting the economic activities of legal entities and individual entrepreneurs.

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