Фото: Termination of the lease of non-residential premises / communal property

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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 the lease of non-residential premises / communal property

Reading time: 4 min.

The life of a tenant and a landlord is not always cloudless. Sometimes there are situations when it is necessary to terminate the lease of non-residential premises or communal property. To make this process clear, legally competent and without unnecessary problems, it is recommended to contact qualified lawyers.

 

Grounds for terminating the lease of non-residential premises or communal property

The civil legislation of Ukraine clearly defines the grounds on which a lease agreement can be terminated:

  • By agreement. This is the easiest way to terminate the contract. The parties draw up a written agreement specifying the date of termination, the procedure for settling mutual obligations and other necessary conditions.
  • Unilaterally. Both the lessor and the lessee can unilaterally initiate termination of the contract. There must be good reasons for this, provided for by law or the lease agreement.

The lessor may terminate the contract unilaterally:

  • If the tenant does not pay the rent for three consecutive months.
  • If the tenant does not use the premises for its intended purpose or significantly deteriorates its condition.
  • If the lessee does not remedy the violation of the terms of the contract within the prescribed period after receiving the warning.
  • In other cases provided by law or contract.

The tenant can terminate the contract unilaterally:

  • If the lessor does not provide the premises to the lessee within the prescribed period.
  • If the premises do not meet the requirements imposed on it in accordance with the contract or the law.
  • If the lessor does not make the necessary repairs to the premises.
  • In other cases provided by law or contract.

Termination of the lease of non-residential premises / communal property

Ways to terminate a lease agreement for non-residential premises or communal property

The process of terminating the lease agreement may take place:

  • In court. This method is used when the parties cannot agree on the termination of the contract or when one of the parties violates its terms.
  • Extrajudicially. This is possible if the parties agree to terminate the contract peacefully and draw up a corresponding written agreement.

 

The main obstacles and mistakes when terminating a lease agreement for non-residential premises or communal property

Ignorance of the law and incorrect preparation of documents can lead to serious problems when terminating the lease agreement. The most common mistakes include:

  • Incorrect procedures. Ignoring the steps required by law, such as not giving notice to the landlord/tenant before termination, may result in the termination being void.
  • Unclear grounds. Vague wording of the reasons for termination, which do not meet the clear requirements of the law or the contract, give the lessor/tenant the opportunity to appeal the termination.
  • Lack of evidence. Failure to provide proof of breach of contract (for example, acts of property damage, late payment records) may call into question the legality of termination.
  • Failure to conclude a written agreement. A verbal termination agreement is not legally binding, so it is important to draw up an official document that clearly sets out the terms and obligations of the parties.

lease agreement of non-residential premises

Legal assistance: why should you contact "Prykhodko and Partners"?

Specialists of the legal company "Prykhodko and partners" have extensive experience in the field of termination of lease contracts of non-residential premises and communal property. We will help you:

  • Analyze your lease agreement and determine the grounds for terminating it.
  • Fill out all the necessary documents correctly.
  • Protect your rights and interests in court, if necessary.
  • Minimize the risks of disputes and conflict situations.

By contacting the legal company "Prykhodko and Partners", you can be sure that the termination of the lease agreement for non-residential premises or communal property will be as quick, clear and without unnecessary problems for you as possible.

Contact "Prykhodko and partners" today, and we will help you terminate the lease agreement of non-residential premises or communal property quickly, legally and with minimal costs.
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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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