Фото: Termination of a land lease contract during martial law

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Oleksandr Kolesnichenko

Head of real estate and construction practice

Construction and real estate specialist, civil engineer, specializes in land law, negotiations, and pre-trial dispute resolution.

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Termination of a land lease contract during martial law

Reading time: 4 min.

The war in Ukraine caused significant changes in many spheres of life, including land relations. Landlords and lessees of land are faced with a number of new challenges related to the fulfillment of their obligations under lease agreements.

 

Peculiarities of terminating a land lease contract during martial law

At the beginning of the full-scale invasion, a number of changes were made to the legislation governing land leases. The main ones are:

  1. Land lease contracts, the term of which expired after the introduction of martial law, are considered automatically extended for one year without the consent of the parties.
  2. Despite the automatic renewal, the lease can be terminated by agreement of the parties or by court order.
  3. During the martial law, new ones were added to the existing grounds for terminating the lease agreement, in particular:
  • Impossibility to use the land due to hostilities or occupation.
  • Significant deterioration of the land plot due to hostilities.
  • Death or disappearance of the tenant - a natural person.

In the conditions of martial law, certain difficulties may arise with the observance of the general procedure for terminating the lease agreement, for example, with the notification of the other party.

Termination of a land lease contract

The main difficulties of terminating a land lease agreement during martial law

In addition to the above-mentioned features, termination of a land lease agreement during martial law may be complicated by other factors, including:

  • Unavailability of state registrars. Due to hostilities and occupation, access to state registrars may be limited, making it difficult to register ownership of a plot of land after termination of a lease.
  • Lack of communication with the parties to the contract. In times of war, it can be difficult to establish contact with the other party to the lease agreement, which can complicate the process of terminating it.
  • Change of circumstances. War can lead to a significant change in the circumstances on which the lease was based, which can make it difficult to determine the fair terms of its termination.

 

Why should you contact lawyers when canceling a land lease agreement during wartime?

Self-termination of a land lease during martial law can be a difficult and risky process.

  1. Objective assessment of the situation and determination of the optimal plan of action. Experienced lawyers have in-depth knowledge of legislation and court practice regarding the lease of land plots, including taking into account the peculiarities of martial law. They will be able to objectively assess your situation, analyze all available factors and develop an optimal plan of action aimed at achieving your goal.
  2. Correct processing of documents. The process of terminating a land lease contract during martial law has certain features related to the need to follow formal procedures and draw up relevant documents. Lawyers will help you correctly prepare all the necessary documents, including:
  • Notice of termination of the lease agreement;
  • Lawsuit (if necessary);
  • Petitions and other procedural documents.
  1. Protection of your interests in court. If the case of termination of the land lease agreement goes to court, you will need qualified legal assistance. Lawyers with experience in land disputes will be able to:
  • Represent your interests in court;
  • To justify your position and protect your rights;
  • Appeal the court decision if it is not in your favor.
  1. Avoiding mistakes. Self-termination of a land lease during martial law can lead to mistakes that can have negative consequences for you. Lawyers will help you avoid such mistakes and minimize risks.

Termination of a land lease contract during martial law

Termination of the land lease agreement during the war without problems: contact "Prykhodko and partners"

We have extensive experience in dealing with cases of termination of land lease contracts, including during martial law. Our lawyers will help you:

  • Make the right choice regarding the way to terminate the lease agreement;
  • Collect all necessary documents;
  • Write a competent notice of termination of the lease agreement;
  • Protect your interests in court;
  • To achieve the most favorable result for you.

By contacting the lawyers of Prykhodko and Partners, you can be sure that you will receive qualified legal assistance and protection of your interests in this difficult situation.
If you need a detailed consultation or want to know the price of terminating a land lease contract during martial law - fill out the form below.

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Head of real estate and construction practice

Construction and real estate specialist, civil engineer, specializes in land law, negotiations, and pre-trial dispute resolution.

Contact now
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