Instructions: preparing a notice of termination of the lease agreement

Any contract, and in particular its termination, is a written form of agreement between the parties, as a result of which civil obligations arise or terminate.

It follows from this: there is a clear regulation by civil law of the procedure for terminating a lease agreement and clearly established methods of termination, of which there are not so many.

According to the general rules (the norms of Article 450 of the Civil Code of the Russian Federation), a contract, including a lease, can be terminated in three ways:

1. If there is an agreement between the parties;
2. Judicially;
3. Unilaterally (if such a right is provided for in the contract itself or in the law).

We will devote this article to issues related to unilateral termination of a contract. It should be noted that, as a general rule, such termination of the lease agreement is not permitted.

This follows from Article 310 of the Civil Code of the Russian Federation, from which it follows that unilateral refusal to fulfill obligations is not allowed.

However, the lease agreement may provide for such a refusal to fulfill obligations under the agreement by one of the parties.

Then such a refusal can be considered legitimate. Unilateral refusal entails termination of the contract.

According to judicial practice, in this case, termination must occur by drawing up and sending a notice of termination of the lease agreement to one of the parties. This procedure is extrajudicial.

The agreement is subject to termination from the moment one of the parties receives such notice, unless a different procedure is regulated in the lease agreement itself. Therefore, the practice of drawing up lease agreements recommends that the parties clearly state in the agreement the specific terms and conditions under which such notice should be sent.

To avoid disputes in the future, it is necessary to formalize such notification legally correctly.

Please pay attention to the following nuances:

First of all, you need to draw up a notice according to which you intend to terminate the contract.

Currently, there is no single unified template, so this document can be drawn up in free form.

However, it is important to use legally correct language. This is, first of all, due to possible problems in the future, therefore, provided all the nuances are followed, the decision can be made in your favor.

You should use the expression “unilateral refusal to fulfill obligations under the contract” and not “unilateral termination of the contract”, then you will have the opportunity to terminate the agreement without trial. Before composing your text, check out the example sample.

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At the beginning of the document, indicate its name - “Notice” . Directly below the title, please include a short explanation: “about unilateral refusal to fulfill obligations under the lease agreement.”

The introductory part or “header” provides for the details of the parties to the lease agreement. Be sure to indicate the details of your company: name of the organization, taxpayer registration number, bank details, addresses (legal and actual), telephone numbers.

In addition, be sure to indicate the details of the other party. Follow the form for addressing the head of the organization (for example, “Director”), then you should indicate the name of the organization and his full name.

The content must describe the lease agreement subject to termination. In this case, the number of the agreement with its full name, the date of conclusion, the place of its signing, as well as the parties participating in this agreement are indicated. Then it is necessary to indicate the clause in the contract, in accordance with which the procedure for terminating the contract is regulated.

This clause allows your organization to terminate the contract early. Then you indicate the violations of the terms of the lease agreement by the other party.

Outline the procedure by which termination of the agreement is carried out, and then indicate the deadline (date) for its termination after receipt of the notice (notice).

The final part must contain a demand put forward to the other party indicating the date of its fulfillment.

Under the text there must be a signature of a person authorized to do so, indicating his position, with a transcript of the signature.

Such a document is sealed with the seal of the organization.

This is how the notification should be written. To avoid possible disputes regarding the date of notification and the expiration date of the agreement, notification should be sent by registered mail with acknowledgment.

Peculiarities

The lease agreement ends upon reaching the agreed date or at the initiative of the parties to the agreement.

Since both parties have equal importance in the document, early termination should not violate the rights of one of the citizens. For convenience, the parties can specify in the document all possible cases of early agreement.

There are several situations established by law when partners have the right to terminate the contract ahead of schedule:

• when both parties have reached voluntary agreement;
• after a trial in court, which took the position of one of the parties;
• at the instigation of the lessor or lessee on the basis of the conditions provided for in the contract.

A complication is considered to be circumstances when one of the parties, legally or with violations, refuses to terminate the lease agreement.

When is notification needed?

There are several cases of termination of a transaction when one party is required to send written notice to the other:

• if the document does not specify an expiration date. The Civil Code states that termination of open-ended contracts is possible only after notification. Notification of the desire to move out or vacate the premises ahead of schedule is required 3 months before the desired date;
• if the document specifies the conditions according to which it is renewed automatically without the participation of the parties;
• if one of the parties refuses to perform the actions established by the contract.

Notice is a mandatory formality when both parties agree to terminate the contract. At the initiative of one of the parties, the other may demand compensation for material damage if there was no notification.

It is recommended to specify detailed conditions for termination of the contract at the stage of document preparation.

If it is important for a party to complete the contract ahead of schedule, it is necessary to insist on adding this clause: citizens must have obligations to each other, as well as a list of situations that give the right to terminate the contract. The document should not contain provisions that contradict the Civil Code.

How to write a notice and its sample

A standard sample notice of termination of a lease agreement from a tenant consists of the following points:

1. The name of the document is always written first, that is, “notification.” The next line is a clarification, for example, about a unilateral refusal to renew the lease agreement.
2. The introductory part (top right) contains the identification data of each party participating in the transaction. You must fill in the full name of the organization, INN, KPP, bank account number and details of the financial company, legal and actual address, and work telephone number.
3. When registering the details of the other party, it is necessary to register an address to the person who represents the organization or individual entrepreneur, for example, the “Manager”. Next, enter your full name without abbreviations and the name of the company.
4. The body of the document contains the details of the lease agreement that needs to be terminated. Information about the document number, name, time and place of execution and the parties who executed the paper is required.
5. Below is a clause in the lease agreement that gives the parties the right to terminate it ahead of time. In accordance with the clause, the reasons are prescribed, for example, violation of the obligations of one of the parties.
6. At the end of the document, the date of the desired termination of the legal relationship is indicated. The day must follow the date on which the person receives the notification.
7. At the bottom of the document, the applicant puts the date of writing and number.
8. The notification is certified by the seal and signature of the manager with a transcript. His full position is written at the end.

A form is possible.

Sample filling:

Term

The procedure for filing and notification deadlines are divided into several stages:

• first, the applicant sends the paper and waits for the post office to notify him of receipt. Then you need to wait for the request to be rejected or ignored;
• when the counterparty does not respond to the notification, the problem can be resolved peacefully within 30 days. Then you need to go to court.

If the parties did not specify the validity period of the document in the lease agreement, notice is sent at least 3 months before termination in real estate transactions, and 1 month in other situations.

If a citizen has violated Article 620 of the Civil Code - failure to comply with the rules for the use of property - then the contract can be terminated earlier. If the notifier violated the deadlines for filing the appeal, the other party has the right to sue and receive moral compensation.

Deadlines must be met if the tenant violates the terms of the lease, for example, when payment is not received on time.

If the violation occurs regularly, the owner has the right to send a notice and offer to terminate the lease. Otherwise, you need to go to court.

Grounds for termination of the transaction by the lessor

A lease agreement is a common document, both between individuals and legal entities, in various fields of activity.
At the same time, participants in lease agreements often face early termination of cooperation due to various reasons. Considering that such a document is a bilateral agreement, its premature termination may violate the rights of the other party. However, regardless of the reasons for terminating the contract, the parties to the agreement are obliged to act in accordance with the requirements of the legislative norms of the Russian Federation, which list the grounds for termination of cooperation or in accordance with the requirements of the signed lease agreement.

Thus, if the lease agreement has not expired, the relationship can be terminated:

1. By mutual agreement of the parties to the transaction.
2. In court on the initiative of one of the parties on the grounds regulated by the Civil Code of the Russian Federation.
3. At the initiative of one of the parties on the grounds specified in the lease agreement.

In the first option, if the parties to the transaction have agreed, early termination of cooperation will not cause any problems. To do this, you just need to draw up an additional agreement on the termination of the lease relationship and sign it by the parties to the transaction.

In the other two options, when one of the parties to the agreement does not agree with the premature termination of the lease, the problem is resolved in court, with compensation for losses incurred by the counterparty as a result of termination of cooperation. To do this, you will need to submit a statement of claim to the court and attach documents confirming the validity of the unilateral severance of mutual cooperation.

Deadlines

As noted above, if one of the parties intends to terminate the lease agreement, the initiator is obliged to send the counterparty a letter of notification of his intention to terminate the lease relationship.
Such a message must be sent in advance, warning the counterparty within one to three months. The notice period depends on the type of rental. So, for example, if real estate is rented in which some kind of production is established, then in this case a letter of notification of termination of the contract is sent at least 3 months before the termination of cooperation, since vacating the premises requires a certain time to find another premises, as well as for dismantling equipment and its transportation.

If movable property (equipment) is leased, then notice can be sent one month before the lease is terminated.

Delivery of the letter

If the other party does not agree to break the lease, they may try to stall. For example, failure to receive notice is a legal reason.

It is recommended to deliver letters personally to the head of the organization or entrepreneur. The procedure obliges the citizen to sign for receipt of the document, which will greatly speed up the process of terminating the transaction.

If a citizen cannot hand over the notification, it is allowed to send it by registered mail with notification; a sample is available at the link.

The document is accompanied by details of the lease agreement, the main provisions and an inventory of all investments are listed. You can send 2 notifications at once: to the legal and actual address.

If the addressee refuses to receive the letter, it is permitted to send copies to all addresses. The main thing is that postal employees are able to record the fact of non-receipt of a notification at least once.

The law does not take into account sending a notice by email. This method is available to citizens as a supplement to the original letter sent by mail.

Submission methods

Today, in the age of modern technical capabilities, a letter to terminate a rental relationship can be sent in the following ways:

1. By delivering such a letter to the counterparty by courier. In this version, the letter is drawn up in 2 copies. The initiator's copy must contain the signature of the counterparty to whom the message was delivered.
2. By registered mail, with notification of its receipt by the counterparty. The initiator has a receipt for sending such a letter.
3. Using email, sending the counterparty an attached file with a notification.

Of course, you can warn the counterparty by telephone call, but this method of notification is not recommended, since, if the counterparty does not agree with the termination of the lease, it will be impossible to prove the fact of warning about the termination of the lease, which may delay the procedure for vacating the leased property.

Procedure for compilation

A letter about early termination of a lease does not have a strict, unified form.
Therefore, such a message can be composed in a free style on an ordinary A4 sheet. It is better if such a letter is filled out on the company’s letterhead, which already displays the company’s details. Despite the fact that the message can be filled out arbitrarily, the document must be drawn up according to the rules for composing business letters in office work, and it must clearly display the essential points: 1) Like any business message, filling out the document must begin with the “header”. The “header” of the executed message displays an appeal to the counterparty with details of the counterparty’s details. Details mean:

• Position of the counterparty.
• Name of the enterprise, if it is a legal entity. face.
• FULL NAME.
• Location address.
• Contact details.

2) The sender’s details are displayed below, with the designation:

• Positions.
• Name of the enterprise, if it is a legal entity. face.
• FULL NAME.
• Location addresses.
• Contact details.

3) Then the title of the letter is displayed in the middle of the line or on the left with a brief display of the subject. In this version, “Notice of termination of the agreement...”

4) Further actions are carried out by filling out the content of the document, which displays information on the lease agreement subject to termination. Here you need to note the name and number of the agreement, the date and place of its conclusion, indicating the parties who signed the document.

5) Then a reference is made to the clause of the agreement, according to which the procedure for terminating cooperation is determined, and the reason why the initiator of the rupture terminates cooperation is also noted. At the same time, it would not be amiss to remind the counterparty of his responsibility if he ignores this notice and does not take measures to vacate the rented property.

6) In addition, the initiator may stipulate that, according to the terms of the agreement, he is ready to compensate for losses incurred by the counterparty as a result of a unilateral break in cooperation.

7) The final block of the letter expresses respect for the counterparty, displays the details of the author of the notification and his signature, with an explanation of the surname and seal.

Below, fill in the inscription: “I have read the notification,” where the authorized person who received the notification must sign if the letter was delivered by courier.

Sample

Completing the deal

If the owner of the premises is the initiator of the severance of relations, then he must ensure that the tenant fulfills all obligations.

The standard requirements are:

• payment of rent in full before the end of the contract;
• transfer of property without damage.

Tenants have a personal interest in transferring the premises to the landlord in proper condition. In the future, this will help to avoid issuing a return certificate and claims from the other side.

When the tenant initiates termination of the contract, it is recommended that the condition of the property and the payment procedure be recorded in documents.

The tenant's obligations are:

• leave the property on time;
• make payment for the duration of your stay;
• issue a return certificate;
• sign a document with the other party.

If the lessor refuses to sign the return deed, the transfer of property takes place according to the rules upon termination of the contract.

The tenant includes information in the act that the landlord has read the document. The date of delivery will be considered the day marked in the postal notification. Even without the consent of the other party, the act will have legal force.

If the lease agreement provides for a security deposit in case of early termination of the contract, then this amount remains with the lessor.

The exception is situations where the relationship has ended due to the owner’s violation of the terms of the transaction. Such situations are regulated by the parties without going to court.

The court is a last resort resorted to by parties who have not succeeded in finding a compromise.

It will be necessary to collect documentary evidence of attempts to reconcile. The applicant is required to prove that he sent notices and letters to which he did not receive a response.

A mandatory step when terminating a lease agreement is notification. Regardless of whether the parties can agree or the court resolves the dispute, this document must be sent to the other party for signing.

Initiative

The intention to terminate the lease agreement by one party may arise from both the tenant and the lessor. According to existing legislative norms, a tenant can terminate the relationship if:

1. The rented property fell into disrepair through no fault of the tenant. For example, as a result of a natural disaster.
2. The property has shortcomings that prevent it from being used for its intended purpose, which the tenant was not aware of before signing the contract.
3. There are obstacles to using the property caused by the landlord, etc.

This list can be expanded indefinitely. At the same time, the tenant can refer both to the terms of the executed agreement and to the legislative norms of the Russian Federation.

The landlord can also initiate a break in mutual cooperation if:

1. Damage to the leased property, its use other than for its intended purpose, as well as other unlawful actions of the tenant.
2. Lack of rent payment according to the contract, or delay in such payment for a period of more than two months.
3. Ignoring by the tenant essential clauses of the contract, for example, carrying out repairs within the terms established by the contract, etc.

Thus, the relationship between the participants in the lease agreement can be terminated unilaterally by either party, if there are substantial grounds.

It is recommended to watch the video about what needs to be done to terminate the lease agreement.

( Video : “Notice of early termination of a lease agreement: how to terminate the agreement”)

When is notification required?

To terminate the lease agreement unilaterally, the initiator is obliged to notify the counterparty in advance by sending him a letter of notification of his intention. The need to send such a letter may arise when:

1. The lease agreement is for an indefinite period.
2. Leases without such a message will be automatically extended (which makes a lease issued for an indefinite period).
3. One of the parties to the agreement does not fulfill its obligations. The most common situation is lack of payment for rent.

In addition to the situations listed, there may be many others that require a response from one of the parties to the transaction to non-compliance with the terms of the lease by the counterparty.