In recent years, the country's small business develops rapidly.An increasing number of small firms and companies.Unlike large corporations, they are not able to acquire ownership of real estate and other expensive property.And sometimes there is simply no need.Often, a small organization only need a small office space or be able to temporarily use any equipment.The real value of these objects is usually quite high.In this case, for the novice businessman is correct to conclude a lease of the desired object for a fee.The agreement is in accordance with the civil law and is valid until the expiry or till the very long until one of the two parties do not decide to terminate it.
methods and features of termination of the contract
According to generally accepted standards of a lease can be terminated, as a rule, in three main ways:
- agreement (agreement) on both sides;
- solution to the issue through the courts;
- failure of one of the parties from further performance of contractual obligations.
mutual agreement or an agreement on the termination of the lease is considered to be the ideal option for both partners.In this case, not necessary that the parties were any misunderstandings or negative background.Both sides have just one point can converge in the opinion that the continuation of contractual obligations is not appropriate for either the landlord or tenant.In this situation, you need to create a document that will be called "Agreement on the termination of the lease."The result of an agreement must always be fixed in writing and reflect the following significant points:
1. The reason for the termination of the contractual relationship.It may be voluntary consent of the parties or change any conditions without which the continuation of the relationship is practically impossible.
2. These steps (real time), when it was necessary.
3. Determine the timeline product netting and the elimination of other possible unfulfilled obligations in order to avoid the unpleasant consequences of a legal nature.
4. To carry out the transfer of the leased premises (equipment) from the lessee to the lessor.On this occasion, you must make a separate document, which must be present record of no complaints.
only if an agreement to terminate the lease will contain all of the above points, it can be held legally correctly composed.Otherwise, either party may find in it a "loophole" to go to court.In addition, it is worth considering another important factor.If the original written contract has been registered, the agreement on the termination of the lease must also be registered.Only then leased equipment or facility can be considered free.
agreement in any form
If the parties decide to make an agreement to terminate the lease, look for the sample is not necessary.Such a document drawn up in an arbitrary manner.In form it resembles a contract.First comes the title.Then clarify to what exactly the contract drawn up by the agreement.This is followed by the date and place (city).Then comes the main part.It begins with a preamble, which sets out the details of both parties which "have entered into this agreement as follows."After that, the points methodically listed all the highlights:
1. The number, date and title of the treaty, which must be dissolved.
2. The exact date of the termination of the contractual obligations.
3. Mark on the product netting or an indication that the issue should be resolved without penalty.
4. Information on the return of the leased property with details of the document.
5. Record the absence of mutual claims.
Such an agreement must be made at least in duplicate and kept by each party.
typical sample document
The procedure of termination of any lease contract must present a document that confirms the return of the leased property.It is made as an act.On termination of the lease says exactly the lessor transfer of ownership of its assets.He made out like a normal typical act.Starting form with name, affiliation and date of the document.Then, after the "cap" to indicate the side is the text of the act.It is reported that the room (or other property) transferred to the lessee and the lessor is accepted.The following outlines the main characteristics and the technical condition of the object.After tagging the absence of claims specify details of the parties, signatures of authorized persons, which are then stamped.Each party must have its own copy of the act, which is attached to the main contract.
