It is not important for us on whose side the power is, but it is important on whose side the law is.

Perepelchenko Anatolii

Specializes in criminal, civil and administrative law, recalculation of military pensions

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Reading time: 3 min.

Land leasing is a great way to get passive income from land ownership. The owner of the land plot does not spend money and resources on its maintenance and receives profit from the tenant. Usually, the lease agreement is concluded for a long period. It can be from three to ten years, and in some cases even more. It is clear that circumstances change over time and the lease agreement must be terminated. There may be various reasons for this, including the desire to cultivate the land independently, the inadequacy of the rent or its non-payment, or the desire to lease the land to another tenant. But regardless of the reasons, unilateral termination of the contract is not prohibited.

Ways to terminate a land lease agreement

The first and easiest way to terminate a land lease agreement is termination by agreement of the parties. Of course, this is an ideal way to terminate a contract, but unfortunately, in practice it happens quite rarely. After all, the tenant usually does not want to terminate the contract early.

The second method is the judicial procedure for terminating the land lease agreement.

In order to terminate the contract in court, you need to analyze the lease agreement itself in detail, as well as find the grounds that will serve to terminate it.

Grounds that may serve to terminate the lease agreement:

  • the land plot is not used for its intended purpose;
  • non-payment of rent for land;
  • transfer of the leased land plot to other persons for sublease without the consent of the lessor, if such consent is mandatory;
    other grounds specified in the lease agreement or provided for by the Land Code of Ukraine or other normative legal acts.

But no matter which method of contract termination you choose, you should first analyze the lease contract itself in detail. It is often not easy to do this yourself, as complex legal terms can be incomprehensible to the party to the contract.

How to start the termination of the land lease agreement?

First, with the help of a land lawyer, it is necessary to study the terms of the contract in detail and determine the grounds for its termination.

Secondly, it is necessary to send the other party to the contract a written proposal for early termination of the land lease contract. After receiving an answer to the offer to terminate the lease agreement, prepare an additional agreement on termination of the lease agreement (with the consent of the other party) or start preparing documents for termination of the agreement in court.

Thirdly, to prepare documents and a position for filing a lawsuit.

The contract is considered terminated from the date of signing the additional contract termination agreement or from the date of entry into force of the court decision on termination of the contract.

So, summing up the above, it should be noted that regardless of the method of terminating the contract, the result depends on the qualified help of a specialist in the field of land law.

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Specializes in criminal, civil and administrative law, recalculation of military pensions

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