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Lawyer with many years of experience in the field of real estate and land law. Support for construction, registration of land plots, obtaining permitted documentation and protection of property rights. Also has successful cases of labor law and mobbing at work.
Termination of land lease agreement
Article 1 of the Law of Ukraine “On Land Lease” states that the basis of a lease is an approved agreement for the paid use or possession of a relevant land plot for a clearly defined period. There are certain requirements for this agreement. In particular, the lease agreement is concluded in writing and notarized (the desire of one of the parties is sufficient for this). In this article, we will consider the grounds and features of the termination of a land lease agreement.
Land lease: features of terminating the agreement
As is known, land is a valuable resource. It is used for agricultural activities, construction of real estate, etc. Today, land lease is a common practice in Ukraine. This form of relationship benefits both the land owner and the tenant. The land owner receives a profit, the tenants receive the opportunity to use the land for a specific period of time. However, there are often cases when one of the parties wishes to terminate the land lease agreement.
The procedure depends on what kind of agreement was concluded. For example, an agreement with a renewal condition or without such a condition. Let’s consider each of the options in more detail.
An agreement with a renewal clause provides for the automatic extension of the lease agreement for a new term. An important condition is the consent of both parties. There is also an agreement without a renewal clause. Its characteristic feature is automatic termination without additional actions. The algorithm of further actions will depend on the type of agreement.
Article 31 of the Law of Ukraine “On Land Lease” provides for the following grounds for suspension of the agreement:
- Expiration of the term.
- Purchase of land for public needs (The procedure is established at the legislative level).
- Deprivation of the will of the tenant.
- Death of the tenant.
- Refusal to fulfill the terms of the concluded agreement.
- Liquidation of the legal entity-tenant.
- Acquisition of legal ownership rights to a real estate object (building, structure) located on a plot of land.
- Other cases provided for by current Ukrainian legislation.
Early termination of a land lease agreement: what should be considered?
There are various options for terminating a lease agreement early. The best of them is an agreement between the owner and the tenant. If such an agreement is not reached, the agreement can be terminated only in court. Let’s consider the different options in more detail:
- Termination of the agreement by agreement of the parties.
This issue is regulated by the Civil Code of Ukraine (Article 651) and the Law of Ukraine “On Land Lease” (Part Three of Article 31).
According to the Law, in the process of implementing this procedure, each party has the right to receive compensation for the damages that were caused. For example, if the initiator was the tenant, the landlord has the legal right to receive rent (within 6 months – for agricultural land, within 12 months – for land plots that have a different purpose). This right applies in cases where, during the above period, the lessor has not received offers from other persons to lease the same plot of land.
- Failure by one of the parties to fulfill the obligations stipulated in the terms of the agreement.
Among the main obligations that are most often encountered:
- Failure to pay the fixed amount of rent.
- The plot of land was not used for the purpose specified in the agreement.
- Sublease of real estate without the knowledge and permission of the lessor.
- Damage to the leased object.
In this case, the suspension of the land lease agreement is based on the submission of a corresponding claim to the judicial authorities.
- Unilateral termination of the agreement.
This option is possible only if this is provided for by the concluded agreement. In all other cases, unilateral termination of the agreement is carried out exclusively through the court.
What documents are required to terminate a land lease agreement?
To carry out the procedure, you must submit an application and a pre-prepared package of documents:
- Documents to confirm the applicant’s identity.
- If the person’s representative applies – documents to confirm the powers of representation.
- Receipt for payment of the administrative fee.
- Court decision or agreement confirming the early termination of the agreement.
Terminating a land lease agreement is a difficult task that requires special knowledge. That is why it is better to delegate this issue to the real estate lawyers of our company “Prykhodko and Partners”. We have thorough theoretical training and many years of experience working with cases involving the conclusion/suspension of land lease agreements. We approach each specific case carefully, applying an effective algorithm of actions.
Do you have any more questions? We look forward to a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of real estate lawyer services, fill out the form below.
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In which regions of Ukraine do you work?
The department of real estate and land law, as a rule, works in Kyiv and the Kyiv region.
- We provide our services in all regions of the Kyiv region, for example:
- Bilotserkiv district (towns of Skvira, Tarasha, Bila Tserkva, Uzyn, Tetiiv).
- Boryspil district (the cities of Boryspil, Pereyaslav, Yagotyn).
- Brovary district (the cities of Brovary, Berezan).
- Buchansky district (towns of Bucha, Irpin, Vyshneve).
- Vyshhorod district (the cities of Vyshhorod, Slavutych).
- Obukhiv district (towns of Obukhiv, Boguslav,
- Vasylkiv, Kagarlyk, Myronivka, Rzhyshchiv, Ukrainka).
- Fastiv district (the cities of Fastiv, Boyarka).
It is worth noting that on some issues (services) we work throughout Ukraine, contact and clarify information by phone!
Do you provide consultations online or over the phone?
Yes! If you do not have the opportunity to come to the office in Kyiv, then you can pay and receive a consultation by phone or in one of the applications for conducting calls/conferences.
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