Amendment and termination of the lease agreement is the basis procedure. Objects of lease relations. Change, termination of the lease agreement

When concluding a lease agreement, the parties, in addition to the subject matter, duties, liability and other essential conditions, provide for the procedure for terminating it. The inclusion of the relevant paragraph in the text allows you to avoid disagreements and misunderstandings when cooperation is terminated. If the rules are not spelled out in the document, the dispute that has arisen is resolved in court. In the article, we will consider how the early termination of the lease agreement occurs unilaterally.

General information

The owner of the property can terminate legal relations with the tenant at any time, if the term of the agreement is not established. At the same time, he must first send a warning to the user of the object, and then (in case of non-compliance with the requirements) - a notification about termination of the lease agreement unilaterally (sample notice is given in the article).

If the agreement establishes a period of validity, then the termination of legal relations is allowed only by judgment. In this case, the grounds for terminating the transaction must be compelling.

Termination of legal relations at the initiative of the user of property

Termination of the lease agreement unilaterally by the tenant carried out if:

The owner does not provide property, creates obstacles for its operation in accordance with the terms of the agreement or the purpose of the object.
Valuables were transferred, but have disadvantages that prevent its use, if they were not specified by the rightful owner when making the agreement, were not known to the tenant in advance and could not be detected during the inspection / verification of the condition of the valuables when signing the document.
The owner does not carry out major repairs, which are his responsibility, within the agreed (or reasonable) time frame.
The object became unusable due to circumstances beyond the tenant's control.

This list is given in Article 620 of the Civil Code. This list is considered open. As stated in Norm 620, an agreement may also be terminated on other grounds provided for in the agreement itself.

Termination of a registered lease agreement unilaterally allowed only by court order. This is, in particular, about the agreement, the object of which is real estate.

Termination of the lease agreement unilaterally by the landlord

The owner of the property has the right to demand the termination of legal relations if the tenant:

Uses the property in a material breach (allowing repeated breach) of the terms of the agreement or not in accordance with the purpose of the facility.
Causes significant damage to property.
Does not pay a user fee more than twice in a row after the end of the agreed period.
Does not carry out overhaul in the prescribed if it is the responsibility of the user on the basis of the contract or law.

The agreement may also provide for other grounds for terminating the lease relationship.

Before termination unilateral lease agreements the landlord is obliged to send a warning to the user about the need to fulfill the terms of the agreement within a reasonable time.

These rules are fixed by Article 619 of the Civil Code.

The procedure for terminating the lease agreement unilaterally

Article 622 of the Civil Code provides that upon termination of legal relations, the property must be returned to the owner. In this case, the parties draw up a deed of transfer. It is advisable to draw up this document, regardless of the object of the transaction. The deed of transfer is equally important when unilateral termination of the lease agreement and the car, and real estate.

This document provides information about the parties to the transaction and property, the return period and the place of transfer of the object.

In order to be as precise as possible termination of the lease agreement unilaterally, must be included in the act as possible more features property.

Additional agreement

It is of particular practical importance.

Often, an additional agreement establishing unilateral termination of a lease agreement attached to the statement of claim in the event that the other party evades its execution. In addition, this document is used if the participants in the main contract have fixed its automatic prolongation (extension) or the validity period is not defined at all.

Nuances

In an additional agreement fixing, it is necessary to provide for a period for sending a notice of termination of legal relations. He must be reasonable.

Don't be in a hurry to complete the document. If you have any doubts about the literacy of the content, it is better to contact a qualified lawyer. The main objective of the supplementary agreement is to minimize the risks for both parties to the transaction.

Sample Notice

Article 452 of the Civil Code fixes the general rules for terminating contracts. The rules of the norm also apply to lease agreements. To comply with the provisions of the article before filing a claim with the court, it is necessary to send a notification. It should indicate:

Details of the agreement to be terminated.
The norm of the Civil Code, on the basis of which legal relations are terminated.
Reason for terminating the contract.
The time period within which the party must respond.

By general rule, the participant in the transaction sending the notification must wait at least 30 days. A shorter period may be provided only in the contract.

It should be said that the termination of the agreement does not relieve the parties from the repayment of overdue obligations.

Significant change in circumstances

In some cases, there are obstacles to the further fulfillment of the terms of the contract. A list of signs that make it possible to determine changes in circumstances as significant.

Evidence must be provided for each barrier. It is worth saying that the case law is very ambiguous on this issue. Quite often, the authorities refuse to satisfy claims in which, as significant changes in the initial circumstances, fluctuations in exchange rates and economic crisis. These factors cannot be foreseen, and, even more so, cannot be reliably confirmed by documents.

In general, the significant changes include:

Deteriorating financial condition.
Lack of funding.

Other conditions for termination of legal relations

Additional grounds for termination of the lease agreement must be clearly and unambiguously stated in it. If the party in court will refer to the wording "other grounds" enshrined in the contract, the court will reject the claim. The possibility to refuse to fulfill the agreement without giving reasons should be given in plain text.

According to the Civil Code, the method of claim (out of court) termination of the agreement is called unilateral refusal. However, despite the presence of direct wording in the law, the parties quite often include in the contract a clause on the possibility of terminating legal relations with a specified number of days (months, etc.) notice. This condition is considered acceptable by most instances. Nevertheless, lawyers recommend formulating it as the right of a party to express an unmotivated refusal in accordance with Art. 450.1 of the Civil Code or as an opportunity to terminate the contract out of court unilaterally without giving reasons.

Important point

The procedure for terminating a lease agreement at the initiative of one of its participants is regulated exclusively by law or by the agreement itself (additional agreement to it). Administrative acts of power structures cannot determine the rules for terminating contracts. The claim for termination of the agreement will be denied, for example, in the event of cancellation of the decision to provide a plot of land for rent.

Conclusion

The main problems in terminating a lease agreement arise in cases of evasion or improper fulfillment of its conditions by one of the parties. At the same time, the situation is often complicated by the fact that the interested subject cannot immediately go to court. By law, he must attempt an out-of-court settlement of the dispute.

Undoubtedly, the possibility of unilateral refusal to fulfill the terms of the transaction should be written in the text of the main contract. Often, the presence of this clause in the agreement allows the parties to save time, effort and money on litigation, since all problems are resolved without trial in accordance with the rule of law. In difficult cases, of course, it is better to contact a lawyer for help.

Lease agreement and its types

graduate work

2. 7 Termination (change) of the lease agreement

The Civil Code names specific grounds for early termination contracts at the request of the landlord and the tenant. As a rule, these grounds for terminating the contract are in the nature of deciphering the concept of "material breach of contract" in relation to lease relations. Thus, the landlord may demand early termination of the contract if the tenant: uses the property with a significant violation of the terms of the contract or the purpose of the property, or with repeated violations; significantly degrades the property; more than twice in a row after the expiration of the payment period established by the agreement does not pay the rent.

The tenant has the right to apply to the court with a claim for early termination of the contract in the following cases: the lessor does not provide him with the leased property or obstructs the use of the property in accordance with the contract or the purpose of this property; the leased property has defects preventing its use, for which the lessor is responsible; the lessor does not fulfill the obligation to overhaul the leased property; the property, due to circumstances for which the tenant is not responsible, is in a state unsuitable for use.

The lease agreement may provide for other grounds for its early termination at the request of one of the parties.

The Civil Code provided for a kind of pre-trial procedure for resolving the conflict between the tenant and the landlord in cases where there are grounds for early termination of the contract at the initiative of the landlord. He is obliged to give the tenant a prior written warning about the need to fulfill the relevant obligation within a reasonable time. As for the tenant, the absence of a special rule that would oblige him to warn the landlord in advance about the need to fulfill his obligation does not mean at all that he can immediately go to court with a claim to terminate the lease agreement. The pre-trial settlement procedure consists in the fact that the interested party, before applying to the court, must send its proposal to the other party to change or terminate the contract. A claim to the court can be brought only if one of the conditions is met: either after receiving the other party's refusal to propose to change or terminate the contract; or after non-receipt of a response to the relevant proposal within 30 days.

Claims by tenants to change or terminate the lease agreement in the practice of courts and arbitration courts are not a frequent occurrence. In most cases, such claims of landlords are submitted to the court, the arbitration court in connection with the non-performance or improper performance by the tenants of the obligation to pay the contractually stipulated rent.

T. L. Levshina, based on an analysis of the materials of a number of cases of arbitration courts on disputes on termination of contracts in connection with the improper fulfillment by tenants of the obligation to pay rent, comes to the conclusion that “arbitration courts are wary of terminating a lease agreement on the basis of a significant violation by the tenant of the obligation to pay rent, seeking to resolve the dispute on other grounds and avoid discussing the question of whether the violation is material. Apparently, this is due to the insufficiency of the accumulated practice of approaches to determining the degree of significance of what the landlord loses as a result of non-payment of rent. A. A. Ivanov makes an even more categorical conclusion: “In any case, the lease agreement can be terminated ahead of schedule only by the court at the claim of the interested party to the agreement.”

When considering issues related to the termination or amendment of contracts, it is necessary to distinguish between the methods and grounds for terminating contracts, as well as the procedure for terminating and amending contracts.

The grounds and procedure for terminating (changing) the contract depend on the specific method of terminating the contract used. The main way to terminate (change) the contract is to terminate or change the contract by agreement of the parties. However, the law or contract may provide otherwise. When terminating (changing) the contract by agreement of the parties, the grounds for such an agreement have legal significance only for determining the consequences of terminating or changing the contract, but not for assessing the legality of the agreement between the parties.

The second way to terminate the contract is that the contract is terminated or amended by the court at the request of one of the parties.

There are two cases when it is allowed to change or terminate the contract at the request of one of the parties in a judicial proceeding.

Firstly, when a party violates the terms of the contract and these actions can be qualified as a material breach, i.e. those that entail such damage for the counterparty that he is largely deprived of what he had the right to count on when concluding the contract. In this case, the basis is a fundamental breach of contract.

Secondly, the contract may be amended or terminated in court also in other cases provided for by the Civil Code, other laws or the contract. This is the case referred to in Art. 619 of the Civil Code, which provides that the lease agreement may establish other grounds for early termination of the agreement at the request of the landlord in accordance with paragraph 2 of Art. 450 of the Civil Code (in addition to those established by Article 619 of the Civil Code itself. As well as significant violations of the lease agreement).

When applying the second method of terminating or changing a lease agreement, the answer to the question of whether there were grounds for terminating or changing the agreement provided for by law or the agreement is of key importance.

The third way to terminate or amend the contract is that one of the parties exercises its right, provided for by law or the contract, to unilaterally withdraw from the contract (from the performance of the contract), which entails the termination or amendment of the contract.

Unilateral refusal of the contract (from the performance of the contract) is possible only in cases where this is allowed by law or by agreement of the parties. For example, after the expiration of the lease agreement, it is considered to be renewed for an indefinite period. Each party has the right to withdraw from the contract at any time. having warned the other party about this at least three months in advance (Article 621 of the Civil Code).

When terminating (changing) the contract by agreement of the parties, the procedure for concluding, as well as the requirements for the form of such an agreement, should be applied, since the essence of the rule on the form of the agreement on changing and terminating the contract is that it must be identical to the one in which the contract was concluded (Article 452 of the Civil Code).

When terminating (changing) the contract at the request of one of the parties, it is mandatory to file a claim in court, subject to the pre-trial procedure for settling the dispute.

In case of termination (change) of the contract due to the unilateral refusal of one of the parties from the contract (from the performance of the contract), the requirement for the procedure for terminating or changing the contract in this case is reduced to a mandatory written notification of the counterparty. The specified requirement is recognized as complied with if it is communicated by means of postal, telegraph, teletype, telephone, electronic communication, which makes it possible to establish that the document comes from the party that has refused the contract or its performance. From the moment such notification is received by the other party, the contract is considered terminated.

Provisions on the methods, grounds and procedure for terminating (changing) the agreement equally apply to the lease agreement; Art. 619 of the Civil Code only somewhat specifies the grounds for terminating the contract at the request of one of the parties (the lessor) in relation to the lease agreement.

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Objects of lease relations

The object of lease can be any property (things) that does not lose their natural properties during use: land plots, natural objects, enterprises and other property complexes, buildings, structures, equipment, vehicles and so on. The law may establish types of property, the lease of which is not allowed or limited (clause 1 of article 607 of the Civil Code of the Russian Federation).

It should be noted that the leasing of enterprises can take place in all sectors of material production and in the non-productive sphere, with the exception of some enterprises in the defense industries, communications, transport, the fuel and energy complex, and some enterprises in other sectors of the economy, specificity and nature whose activities predetermine their special significance.

Some restrictions on the leasing of natural objects are established directly by the Federal Law. For example, Art. 11 of the Federal Law "On Subsoil" establishes that subsoil plots can be provided for use on the basis of licenses issued by authorized government bodies. Similar requirements are established by the Water Code of the Russian Federation (Articles 46-53). Forest Fund plots are also leased on the basis of licenses (Article 34 of the Forest Code of the Russian Federation). The object of the lease agreement cannot be a property right, which, by definition, cannot be transferred to anyone in possession. It also excludes the possibility of leasing and Money because the whole point of using them is to use them.

The following should be said about the property, that it must comply with the requirements of paragraph 3 of Art. 607 of the Civil Code of the Russian Federation, i.e. the real estate lease agreement must contain data that allow you to definitely establish the property to be transferred to the tenant as an object of lease.

Change, termination of the lease agreement

The Civil Code of the Russian Federation names specific grounds for early termination of the contract at the request of the lessor and at the request of the tenant. As a rule, these grounds relate to significant violations of the terms of the contract (in relation to lease relations). Thus, the landlord may demand early termination of the contract if the tenant: uses the property with a significant violation of the terms of the contract or the purpose of the property, or with repeated violations; significantly degrades the property; more than twice in a row after the expiration of the payment period established by the agreement does not pay rent (Article 619 of the Civil Code of the Russian Federation).

The tenant has the right to apply to the court with a claim for early termination of the contract in the following cases: the lessor does not provide him with the leased property or obstructs the use of the property in accordance with the contract or the purpose of this property; the leased property has defects preventing its use, for which the lessor is responsible; the lessor does not fulfill the obligation to overhaul the leased property; property, due to circumstances for which the tenant is not responsible, is in a state unsuitable for use (Article 620 of the Civil Code of the Russian Federation).

The lease agreement may provide for other grounds for its early termination at the request of one of the parties.

The Civil Code of the Russian Federation provided for a kind of pre-trial procedure for resolving a conflict between a tenant and a landlord in cases where there are grounds for early termination of the contract at the initiative of the landlord. He is obliged to warn the tenant in advance in writing about the need to fulfill the relevant obligation within a reasonable time. As for the tenant, the absence of a special rule that would oblige him to warn the landlord in advance about the need to fulfill his obligation does not mean at all that he can immediately go to court with a claim to terminate the lease agreement. The pre-trial settlement procedure consists in the fact that the interested party, before applying to the court, must send its proposal to the other party to change or terminate the contract. A claim to the court can be brought only if one of the conditions is met: either after receiving the other party's refusal to propose to change or terminate the contract; or after non-receipt of a response to the relevant proposal within 30 days.

Claims by tenants to change or terminate the lease agreement in the practice of courts and arbitration courts are not a frequent occurrence. In most cases, such claims of landlords are submitted to the court, the arbitration court in connection with the non-fulfillment or improper fulfillment by the tenants of the obligation to pay the rent stipulated by the contract.

Some lawyers, based on an analysis of the materials of a number of cases of arbitration courts on disputes on termination of contracts in connection with the improper fulfillment by tenants of the obligation to pay rent, come to the conclusion that arbitration courts are wary of terminating a lease agreement on the basis of a significant violation of the obligation by the tenant on payment of rent, seeking to resolve the dispute on other grounds and to avoid discussion of the question of whether the violation is material. Apparently, this is due to the insufficiency of the accumulated practice of approaches to determining the degree of significance of what the landlord loses as a result of not paying the rent. “In any case, the lease agreement can be terminated ahead of schedule only by the court, at the claim of the interested party to the agreement,” O. Kozyr, Ph.D. in law, makes such a conclusion. ezh - LAWYER No. 8, March 2001 O. Kozyr "Rent of real estate", p. 3

The grounds and procedure for terminating (changing) the contract depend on the specific, applicable method of terminating the contract. The main way to terminate (change) the contract is to terminate or change the contract by agreement of the parties. However, the law or contract may provide otherwise. When terminating (changing) the contract by agreement of the parties, the grounds for such an agreement have legal significance only for determining the consequences of terminating or changing the contract, but not for assessing the legality of the agreement between the parties.

The second way to terminate the contract is that the contract is terminated or amended by the court at the request of one of the parties.

There are two cases when it is allowed to change or terminate the contract at the request of one of the parties in a judicial proceeding:

When a party violates the terms of the contract and these actions can be qualified as a material breach, i.e., as those that entail such damage for the counterparty that he is largely deprived of what he had the right to count on when concluding the contract. In this case, the basis is a fundamental breach of contract.

The contract may be amended or terminated in court also in other cases provided for by the Civil Code of the Russian Federation, other laws or the contract. This is the case referred to in Art. 619 of the Civil Code, which provides that the lease agreement may establish other grounds for early termination of the agreement at the request of the landlord in accordance with paragraph 2 of Art. 450 of the Civil Code of the Russian Federation (plus those established by Article 619 of the Civil Code of the Russian Federation and the lease agreement).

Another way to terminate or amend the contract is that one of the parties exercises its right, provided for by law or the contract, to unilaterally withdraw from the contract (from the performance of the contract), which entails the termination or amendment of the contract.

Unilateral refusal of the contract (from the performance of the contract) is possible in cases where this is allowed by law or by agreement of the parties. For example, after the expiration of the lease agreement, it is considered renewed for an indefinite period (unless either party has stated otherwise) and each party has the right to cancel the agreement at any time by notifying the other party at least three months in advance (Art. 621 of the Civil Code of the Russian Federation).

When terminating (changing) the contract by agreement of the parties, the following should be applied: the procedure for concluding, as well as the requirements for the form of such an agreement, since the essence of the rule on the form of an agreement on changing and terminating a contract is that it must be identical to the one in which it was concluded agreement (Article 452 of the Civil Code of the Russian Federation).

When terminating (changing) the contract at the request of one of the parties, it is mandatory to file a claim in court, subject to the pre-trial procedure for settling the dispute.

The contract can be changed or terminated:

By agreement of the parties (clause 1 of Article 450 of the Civil Code of the Russian Federation)
In court at the request of one of the parties (clause 2, article 450, article 451 of the Civil Code of the Russian Federation)
In a unilateral extrajudicial procedure (clauses 1, 2 of article 310 of the Civil Code of the Russian Federation)

A) Change and termination of the contract by agreement of the parties.

In accordance with paragraph 1 of Article 450 of the Civil Code of the Russian Federation, amendment and termination of the contract are possible by agreement of the parties, unless otherwise provided by this Code, other laws or the contract.

According to paragraph 1 of Article 452 of the Civil Code of the Russian Federation, an agreement to amend or terminate a contract is made in the same form as the contract, unless otherwise follows from other legal acts, the contract or otherwise.

Attention! On the basis of clause 2 of Article 452 of the Civil Code of the Russian Federation, a demand to amend or terminate a contract may be filed by a party to the court only after the other party has received a refusal to propose to amend or terminate the contract, or if a response has not been received within the period specified in the proposal or established by law or by the contract, and if his absence - within thirty days.

In accordance with Article 453 of the Civil Code of the Russian Federation, when the contract is amended, the obligations of the parties remain unchanged (clause 1). Upon termination of the contract, the obligations of the parties terminate, unless otherwise provided by law, the contract or follows from the essence of the obligation (clause 2).

As a general rule, in the event of a change or termination of the contract, obligations are considered to be changed or terminated from the moment the agreement of the parties on the change or termination of the contract is concluded, unless otherwise follows from the agreement or the nature of the change in the contract, and in the event of a change or termination of the contract in a judicial proceeding - from the moment the parties enter into force. the legal force of a court decision to amend or terminate the contract (paragraph 3 of Article 453 of the Civil Code of the Russian Federation). However, due to the discretion of the Civil Code of the Russian Federation, in the contract or agreement on its termination, the parties may establish that the contract is considered modified or terminated not from the moment the relevant agreement was concluded, but, for example, from the date indicated in it. If the moment of changing and terminating the contract is not agreed, then the obligations are considered changed or terminated from the moment the agreement on changing or terminating the contract is concluded, unless otherwise follows from the agreement or the nature of the change in the contract (the Civil Code of the Russian Federation).

For example, if we are talking about changing a lease agreement, then an agreement to change or terminate this agreement is concluded in the same form as the agreement (Civil Code of the Russian Federation).

In addition to the grounds established by the Civil Code of the Russian Federation, there are also other grounds for early termination of the contract provided for by other laws.

Here's an example: According to paragraph 1 of Article 46 of the Land Code of the Russian Federation, the lease of a land plot is terminated on the grounds and in the manner provided for by civil law. As follows from paragraph 2 of Article 46 of the Land Code of the Russian Federation, along with the grounds specified in this article, the lease of a land plot can be terminated at the initiative of the lessor on the grounds provided for in this Code: :

1) when using a land plot in violation of the requirements of the law Russian Federation, namely when:

the use of a land plot for other than its intended purpose, or if its use leads to a significant decrease in the fertility of agricultural land or damage environment;

land damage;

non-fulfillment of obligations for land reclamation, mandatory measures for land improvement and soil protection;

failure to fulfill obligations to bring land into a condition suitable for use for its intended purpose;

non-use of a land plot intended for agricultural production or housing or other construction for the specified purposes for three years, if more long term not established by federal law. This period does not include the time required for the development of the site, with the exception of cases when the land plot belongs to agricultural land, the turnover of which is regulated by the Federal Law "On the turnover of agricultural land", as well as the time during which the site could not be used on purpose due to natural Disasters or due to other circumstances precluding such use;

2) when a land plot is withdrawn for state or municipal needs in accordance with the conditions provided for by this Code.

The parties may determine in the contract own grounds its early termination in court at the request of one of the parties (,, Civil Code of the Russian Federation).

It should be noted that the grounds for early termination of the contract provided for by the contract may be associated with violations of its terms(for example, with the failure of the tenant to fulfill the obligation to carry out current repairs on time, a single non-payment of the rent by the tenant).

At the same time, the parties may establish the grounds for termination of the contract, not related to a breach by the other party of the terms of the contract. In particular, according to the Civil Code of the Russian Federation, the grounds for its early termination at the request of the lessor in accordance with the Civil Code of the Russian Federation can be agreed upon in the contract. This does not limit the possibility of terminating the contract in cases of material breach by the other party. Therefore, the parties have the right to provide for any grounds for early termination of the contract in court at the request of the lessor, both related and not related to any violation.

The same applies to cases of termination of the contract in court at the initiative of the tenant (for example, the tenant’s loss of interest in using the premises due to the closure of the structural unit, the re-equipment of the building planned by the landlord, the landlord’s production need for the operation of the leased property, etc.).

For reference: if the contract does not specify additional grounds for termination of the contract in court, the party will not be able to demand termination of the contract in court on grounds that are not provided for either by law or by the contract. A party will have the right to demand termination of the contract only on the grounds established by the Civil Code of the Russian Federation and other laws (the Civil Code of the Russian Federation), as well as in case of a material breach of the contract by the other party (the Civil Code of the Russian Federation). Whether the violation is material will be judged by the court at its own discretion in each particular case. For example, a partial non-payment of rent may be recognized as a material violation (Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 11, 2002 N 66 "Review of the practice of resolving disputes related to rent").

C) Change and termination of the contract unilaterally out of court.

In accordance with paragraph 1 of Article 310 of the Civil Code of the Russian Federation, a unilateral refusal to fulfill an obligation and unilateral change its terms are not allowed, except for the cases provided for by this Code, other laws or other legal acts. Proceeding from paragraph 2 of Article 310 of the Civil Code of the Russian Federation, a unilateral change in the terms of an obligation related to the implementation of entrepreneurial activities by all its parties, or a unilateral refusal to fulfill this obligation is allowed in cases provided for by this Code, other laws, other legal acts or an agreement.

1) If the lease agreement is concluded for an indefinite period:

On the basis of paragraph 1 of Article 610 of the Civil Code of the Russian Federation, a lease agreement is concluded for a period specified in the agreement.

If the lease term is not specified in the contract, the lease contract is considered concluded for an indefinite period (paragraph 2 of this article).

In this case, each of the parties has the right to withdraw from the contract at any time by notifying the other party one month in advance, and in case of renting real estate, three months in advance. or the agreement may establish a different period for warning about the termination of the lease agreement concluded for an indefinite period. That is, in this situation we are talking about an unmotivated refusal, the party to the contract is not required to justify its refusal - the law does not provide for this. Moreover, the parties cannot establish a condition in the lease agreement that completely excludes the right of any of the parties to refuse it without reason. Cancellation of the contract (performance of the contract) is carried out by notifying the other party of the withdrawal from the contract (performance of the contract). The contract is terminated from the moment of receipt of this notice, unless otherwise provided by this Code, other laws, other legal acts or the contract. In the event of a unilateral refusal of the contract (performance of the contract) in whole or in part, if such a refusal is allowed, the contract is considered terminated or amended (Article 450.1 of the Civil Code of the Russian Federation).

Attention! From the content of the notification, the will of the party to unilaterally withdraw from the contract must clearly follow (, Civil Code of the Russian Federation). Otherwise, the landlord, for example, will not be able to demand the eviction of the tenant.

The parties may provide in the contract:

- deadline for notice of withdrawal(the law establishes that the cancellation of the contract must be warned one month in advance, and when renting real estate - three months in advance (Civil Code of the Russian Federation); however, this rule is dispositive, so the parties can determine in the contract another convenient period for them to notify of the refusal);

- method and address for notification(notification can be sent, including by mail, fax, e-mail, through a courier; if the contract establishes that notifications are sent exclusively by the method provided for by it, then using a different method (for example, sending a valuable letter with an inventory of attachments instead of the courier delivery agreed in the contract ) will be considered inappropriate);

- the moment from which the contract is considered terminated(the parties have the right to establish in the contract the moment from which the contract will be considered terminated in case of refusal from it - this is permissible due to the disposability of the Civil Code of the Russian Federation; for example, it can be indicated that the contract will be considered terminated after a certain time after receipt of the notification by the counterparty).

2) If the lease agreement is concluded for a fixed period:

As mentioned earlier in the text, the grounds for repudiation of the contract may or may not be related to the counterparty's violation of the terms of the contract.

Upon agreement given condition it is recommended to use the wording "unilateral denial out of court", from which the right of the party to withdraw from the contract without going to court will directly follow. Otherwise, the court may qualify this condition as the right of the party to terminate the contract only through the court under the Civil Code of the Russian Federation

Additionally: the parties can establish in the above agreement a condition for the party to pay a certain amount of money to the other party in the event of its unilateral refusal from the agreement (which is impossible with an agreement concluded for an indefinite period). The opportunity to agree on the condition of the fee for refusal is provided for in the Civil Code of the Russian Federation. However, it is permissible only in a contract related to the implementation by its parties of entrepreneurial activity.

It should be noted that the refusal of the contract (performance of the contract) can be either complete or partial. However, such a right, within the meaning of the Civil Code of the Russian Federation, as well as the right to a complete refusal to perform, must be provided for in the contract. Moreover, the right to partial refusal can only be established in the case when the parties to the contract carry out entrepreneurial activities. If one of the parties does not carry out such activities, the right to withdraw from the contract can only be granted to it (the Civil Code of the Russian Federation).

As for the procedure for unilateral cancellation of an agreement concluded for a certain period, it is also regulated by the Civil Code of the Russian Federation. Cancellation can be made by sending a corresponding notice to the counterparty. The contract will be considered terminated from the moment such notification is received by the addressee, unless otherwise provided by law, other legal acts or the contract (the Civil Code of the Russian Federation).

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