Termination of the lease agreement

The life of a tenant and a landlord is not always cloudless. Sometimes situations arise when it is necessary to terminate the real estate lease agreement. In order for this process to be legal, clear and without unnecessary problems, it is important to know your rights and obligations, as well as to understand the nuances of the current legislation.

In what cases can the lease contract be terminated?

The Civil Code of Ukraine defines two main ways of terminating a real estate lease:

• By agreement. This method is the simplest and most civilized. The lessee and the lessor enter into an additional agreement, in which the terms of termination of the contract, the date of its termination, the order of calculations and other nuances are fixed.
• In court proceedings: You can go to court if one of the parties does not fulfill its obligations under the contract. For example, the tenant may not pay the rent, damage the property, use it not for its intended purpose, and the landlord may prevent the tenant from using the property, not carry out necessary repairs, etc.

The procedure for annulment of the lease agreement with the consent of the parties

• Drafting of an additional agreement. It clearly prescribes the terms of termination of the contract, the date of its termination, the procedure for payments, return of property, etc.
• Signing of the agreement by both parties.
• Exchange of copies.
• Fulfilling the terms of the agreement (for example, evicting the tenant, returning the property to the landlord in good condition).

The procedure for terminating the lease agreement through the court

• Submission of a claim to the court. It sets out the circumstances of the case, evidence of breach of contract by the lessor/lessee, requirements for termination of the contract.
• Consideration of the case in court. He examines the evidence provided, listens to the explanations of the parties, and makes a decision.
• Appeal (optional). If one of the parties does not agree with the decision of the court of first instance, it can challenge it in the court of appeal.
• Execution of the court decision. After the court decision becomes legally binding, it is subject to immediate execution.

The main difficulties that may arise when terminating a lease agreement

• Misunderstanding regarding the interpretation of the provisions of the contract. This is a fairly common problem, because lease agreements can be complex and contain ambiguous wording. In such cases, the parties may interpret their rights and obligations in different ways, which leads to disputes and prolongation of the contract termination process.
• Lack of adequate evidence of breach of contract. In order to legally terminate a lease, the landlord or tenant must provide the court with clear and convincing evidence that the other party has violated the terms of the lease. These can be written messages, photo and video recordings, witness statements, etc.
• Delaying the contract termination process by one of the parties. Sometimes one of the parties can deliberately delay the process of termination of the contract in order to obtain a certain benefit. For example, the landlord may delay returning the deposit to the tenant, and the tenant may delay eviction from the rented premises.
• The need to settle property disputes. Upon termination of the lease agreement, other property disputes may arise, for example, regarding the distribution of repair costs, compensation for damages, etc. Resolving such disputes may require additional time and effort.

How do “Prykhodko and Partners” lawyers help to terminate a lease agreement?

• Consultation on terminating the lease agreement: lawyers will analyze your agreement in detail, explain your rights and obligations, and help determine the optimal way to terminate the agreement.
• Preparation of documents: experts will prepare the necessary documents for terminating the contract (additional agreement, statement of claim, others), and will also ensure their legal literacy.
• Representation in court: if necessary, lawyers will represent your interests in court, defend your position, provide evidence and arguments in your favor.
• Support at all stages of termination of the contract: lawyers will provide you with legal support and information support at all stages of termination of the lease contract.
• Protection of your rights and interests: lawyers will make every effort to ensure that the termination of the lease agreement takes place in compliance with your legal rights and interests.
• Saving your time and effort: you don’t have to study legal intricacies and nuances, prepare documents and attend court hearings on your own. All this will be done by our experienced lawyers.
• Reduction of risks: thanks to qualified legal assistance, you will be able to minimize the risks of dispute situations and problems when terminating the lease agreement.
• Confidentiality: We guarantee complete confidentiality of all information received.

Do not waste time and nerves on solving problems related to the termination of the lease agreement on your own. Contact the lawyers of “Prykhodko and Partners” and we will help you terminate the contract quickly, legally and with minimal costs.
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