Article 83. Termination and termination of a social rental agreement for residential premises. 1. A social rental agreement for residential premises may be terminated at any time by agreement of the parties.

Reasons

For what reasons and on what basis can it be terminated{q} What laws regulate such termination{q} In general, the lease is outlined in Chapter 34 of the Civil Code of the Russian Federation.
In particular, provisions regarding this fact are indicated in such articles as 450, 619 and 620 of this chapter. How can termination be carried out{q} Do I need a special agreement to terminate a residential lease agreement{q}

https://www.youtube.com/watch{q}v=wTETX41LsQo

Find out how a lease agreement differs from a residential lease agreement from our article.

Early termination of a residential lease agreement

Advice from lawyers:

1. Is there a standard form of an agreement on early termination of a residential lease agreement?

1.1. Probably exists on the internet.

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1.2. Hello Julia. No. There is no standard form for terminating a contract; there is an example form recommended by notaries and lawyers. Because the nuances of each agreement are determined by the parties. Sincerely.

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2. Would it be right to file a claim in court IMMEDIATELY for the following four requirements: - Early termination of a residential lease agreement for systematic non-payment, - Forced eviction from the apartment, - Debt collection, - Collection of penalties. Or do you need to file separate separate claims for each item of claim?

2.1. Hello! No, you need everything in one.

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3. What document should I draw up with the tenant for the tax office in case of early termination of a residential lease agreement?

3.1. Agreement to terminate the contract.

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4. How to serve a notice of early termination of a residential tenancy agreement if the tenant refuses to receive it? He doesn’t sign anything, he can’t be found at home, he doesn’t receive letters. The rental agreement specifies the parties' email addresses. Can notification be sent by email?

4.1. Alexey, send a letter by email, SMS, and registered letter with acknowledgment of delivery. It is his choice that he will not receive the letter. You have taken every possible means of notification.

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5. We need a sample letter to the landlord regarding early termination of a residential tenancy agreement. The landlord asked for 30 days' notice in writing, then we would sign a termination agreement. But what should my letter look like?

5.1. Hello. First you need to see the lease agreement. Can you send me a scan of the contract for electronics and I’ll draw it up.

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6. Where to file a claim for early termination of a residential lease agreement for non-payment, vacating the occupied residential premises, collection of rent and utility payments, to a magistrate or to a district court. The cost of the claim is up to 50,000 rubles.

6.1. To the district court.

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7. I appealed to the magistrate with a claim for compensation for damages in case of early termination of the rental agreement. In short, the apartment rented to me for a year was sold by the defendant six months later. I want to collect a penalty under the contract. But, because the apartment was sold, the defendant’s registration changed. The judge's secretary told me to look for the defendant's address myself. What should I do if they are right, how should I look for the defendant? Thank you.

7.1. Dear Anna! You can contact him at his last known place of residence. This is quite acceptable under Part 1 of Art. 29 of the Code of Civil Procedure of the Russian Federation, according to which “a claim against a defendant whose place of residence is unknown or who does not have a place of residence in the Russian Federation may be brought to court at the location of his property or at his last known place of residence in the Russian Federation.” Make a reference to this article in the statement of claim, and if the magistrate refuses to accept your application, appeal his decision to the district court. Sincerely, Dmitry Konstantinovich.

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Certain nuances of terminating a lease agreement

When terminating a lease agreement, the following issues may arise, in particular:

dispute over compensation for improvements made by the tenant;
Important! Art. 623 of the Civil Code of the Russian Federation is based on two criteria when resolving this issue: firstly, whether the improvements are separable, and, secondly, whether they were agreed upon with the person who leased the property. Thus, the creator takes separable improvements for himself, and receives compensation for inseparable ones. However, compensation is given only to those tenants who have agreed upon inseparable improvements with the landlord.

The DA can be terminated in relation to part of the leased property; in this case, from the additional agreement to the DA it should be clearly clear in relation to which property the agreement continues to be valid and in relation to which it is terminated;
in cases where the parties failed to peacefully resolve the issue of termination of rental relations, the judicial mechanism for resolving disputes is used. Read about judicial practice on DA in our material at the link: Judicial practice under a lease agreement.

So, in this article, we have presented a sample agreement for the termination of a DA for download, and also outlined the key points associated with the termination of this type of agreement.

It is best to think about how the termination of an apartment rental agreement will be implemented before concluding an agreement.

The lease agreement regulates the obligations regarding the provision of real estate. There are two parties involved in the process - the owner of the property or his representative, as well as an institution or individual entrepreneur.

A residential lease agreement differs from a commercial lease agreement.

It is impossible to draw up contractual obligations in a form that differs from that indicated in Articles 161 and 609 of the Civil Code of the Russian Federation; this document will be considered illegal. On its basis, certain powers will not arise for various subjects.

When considering the termination of a lease agreement, they always pay attention to the part of the agreement that reflects the time period of such obligations.

The lease can be set for a specific time period or made indefinite.

Information about contracts whose validity period is more than one year must be reflected in the Unified State Register of Rights. The rental period begins to be calculated from the day on which the date of registration of the agreement was entered in the register.

This list is considered open; the parties have the right to include additional conditions in the agreement, upon the occurrence of which the contract is terminated.

The nuances of terminating a residential tenancy agreement

There is a list of categories of persons who cannot be deprived of residence in the premises upon the occurrence of the grounds indicated earlier.

The list of such categories of citizens is fixed by housing legislation.

In accordance with its provisions, these categories of persons include:

family members of employees of law enforcement and other government agencies who died while on duty;
persons with pensioner status;
persons with the status of disabled people of groups I and II, in cases where the receipt of disability is related to the implementation of professional activities. This category includes individuals who were injured as a result of a personal injury incident at their employer.

The above-mentioned persons are subject to a rule according to which, in the event of termination of the agreement with them, they must be provided with other residential premises.

Such a rule can only apply if these categories of persons do not have other premises suitable for living on the basis of property rights, as well as those obtained on the basis of an agreement on social rental of premises.

How to terminate a real estate purchase and sale agreement after registration?

How to terminate a lease agreement unilaterally for a tenant, see here.

For a standard sample rental agreement for residential premises, read the link:

Unilaterally

If one of the parties wants to terminate this document unilaterally, it is necessary to notify the other party of this.

This is done using a notification.

How is such a notification drawn up and why is it needed{q}

It is clear that if the terms of the transaction are not fulfilled by one party, then the second party may consider this as a violation of agreements. But sometimes circumstances develop in such a way that one of the parties does not know about non-compliance with the agreements for some reason.

For example, the situation may arise in such a way that payment for an apartment is transferred via bank transfer, but such a transfer did not arrive on time or the wrong details were entered by mistake.

It is in view of such cases that the Civil Code of the Russian Federation provides for an option in which one of the parties must be notified that it does not fulfill the agreement. Such a letter must be sent by registered mail, with a description of the contents.

If the recipient has not responded to such a letter, then you need to write another notification letter. This letter must notify you of the desire to terminate the contract due to failure to fulfill its terms.

Sample notice of termination of a residential lease agreement

Read on our website about how to renew an apartment rental agreement, as well as in what cases you may need to draw up an additional agreement to the agreement.

Unilateral termination of a social tenancy agreement

Each of the participants in these legal relations has the right to initiate the procedure for unilaterally terminating a social tenancy agreement.

The process of terminating a social tenancy agreement at the initiative of the landlord occurs according to the following stages:

To begin with, it is necessary to determine the circumstances on the basis of which the process of terminating a real estate lease agreement, the owner of which is a state authority or local government, will be carried out;
After the reasons have been determined, the landlord must follow the pre-trial procedure for resolving this disagreement - issue a special notice in which he indicates his desire to terminate further cooperation with the tenant by mutual consent. The appeal must be in writing. It is sent through postal services, namely by registered mail with return notification. In addition, the landlord has the right to deliver this notice personally to the tenant. However, in this case there is an important nuance. When providing notice personally, the landlord is required to issue two copies of notices, one for each participant in the legal relationship. On the application, which remains with the applicant, the employer must leave his signature, confirming the fact of acceptance and familiarization with the document;
If the defendant agrees, then the social tenancy agreement is terminated by mutual consent of the parties to the contractual relationship. In the presented case, the parties to the transaction stipulate all the nuances of terminating further cooperation, and after they have reached a common opinion, a special peace agreement is drawn up, which specifies the conditions for canceling the contract;
If the tenant refuses to terminate the social rental agreement or ignores the application, then the landlord has the right to file a claim in court. The claim is filed in court at the place of registration of the employer;
It should also be noted that in addition to the statement of claim, the landlord needs to collect a package of necessary documentation with which he can prove the circumstances on the basis of which the process of terminating the social tenancy agreement is being carried out.

In the presented situation, the key role is played by the reasons on the basis of which the procedure for canceling the lease agreement for real estate, the owner of which is state or local government authorities, takes place.

Grounds for termination of a social tenancy agreement at the initiative of the employer:

If the residential premises allocated for rent are unsuitable for further use. In the presented case, the citizen is evicted and given new housing;
Real estate transferred to a person under an agreement is used for other purposes;
If the residential premises suffered some damage or were completely destroyed due to the fault of the tenant;
If the rights of neighbors were violated by the actions of a person who entered into a rental contract for housing belonging to state or municipal property;
The tenant repeatedly violates the deadline given for payment of rent;
If utilities are not paid.

For long-term rental of social housing, a six-month period during which the tenant has not made payments is taken into account. In the case of a contract for a short-term period of time, termination of the agreement will follow after non-payment of funds for two times in a row.

In addition to terminating the contract in the manner presented, it is possible to terminate further cooperation at the initiative of the employer. This is done according to a simplified scheme. To cancel an agreement on social rental of residential premises, the tenant needs to fill out a special application in which he indicates his desire to initiate the process of terminating the contract and send it to the landlord.

The notification is sent to the other participant in the legal relationship using a registered letter with return notice or delivered in person. If the initiator of the termination of the social rental agreement for residential premises chooses the second option of providing an appeal, then he needs to draw up two copies of this document for each of the parties to the transaction. One of the notifications remains with the applicant, on which the recipient must sign, confirming the fact that he received the document and familiarized himself with it.

Due to the fact that the norms of the legislation of the Russian Federation do not contain a standard form for the specified appeal, it is compiled in a free format using a business style for presenting information.

A notice of termination of a social tenancy agreement must contain the following information:

Personal and contact information of participants in these legal relations;
Full title: “Notice of termination of the social tenancy agreement”;
The circumstances on the basis of which the process of termination of the document is carried out;
Initiator's requirement;
The date after which the contract will become invalid;
At the end, the date of execution of the document is indicated, and the applicant’s signature is also affixed.

If the tenant under a social tenancy agreement is not the only tenant of the apartment, it is necessary to take into account the opinions of other family members. They must also agree to terminate the agreement.

The presented agreement is canceled in two cases - if the tenant gets his own housing or when he needs to move to another place. In the second situation, a citizen enters into a new social rental agreement for residential premises.

How to terminate a lease{q}

In practice, the concepts of “rent” and “hiring” are often confused, but in fact the boundary between them is very clear:

Renting is the use of non-residential premises (for commercial purposes) for a certain time and under certain conditions: renting a store, parking lot, swimming pool, etc. In this case, a lease agreement is drawn up, which can be signed by 2 companies or a company and an individual (for example, a citizen provides the territory of an apartment for renting an office). In this case, the parties to the transaction are called the lessor and the lessee.
Renting is the use of residential premises (apartment, house, apartments) for living. In this case, a rental agreement is signed (between two individuals). The parties to the transaction are the landlord and the tenant.

From a legal point of view, rental and rental transactions are similar, but not equivalent - each case will have its own characteristics.

The procedure and features of termination of legal relations in the case of renting an apartment are considered in Article 687 of the Civil Code. The grounds for termination of the contract are as follows:

Mutual voluntary consent. The initiators can be both the landlord and the tenants. In any case, they must act in the order that is always specified in the rental agreement. Typically, the parties must give each other at least 2 or 4 weeks' notice of their plans. If the deadline is not specified, then the parties act in accordance with the law: they must notify at least 3 months in advance.

The judicial procedure provides for the termination of legal relations that were violated by the parties:

damage to property;

failure to pay payment for at least 6 months;
bringing the premises into unusable (emergency) condition by tenants (or due to objective circumstances);
use of the apartment for other purposes (mini-production, workshop, etc.);
systematic violation of public order by tenants.

In this case, the homeowner turns to the local commissioners or immediately prepares a statement of claim in court with the provision of relevant documentary and other evidence.

The specifics of terminating a lease agreement are regulated by Article 619 of the Civil Code of Russia. In the peaceful version, the contract is also terminated according to the procedure that was originally provided for when the parties entered into the transaction. Judicial procedure is applied in cases where the tenant:

damages property (deliberately or through negligence);
uses property for other purposes;
is late in making payments more than 2 times in a row;
violates other terms of the contract.

In this case, the lessor also prepares a statement of claim, attaching all available evidence to it.

The rental of any housing may be terminated either upon expiration of the temporary period of the contract, or in the event of the occurrence of certain circumstances:

If the parties were able to make such a decision jointly.
If the contract itself has undergone major changes.
If one of the parties (it can be either one or the other party) filed a statement of claim on the grounds prescribed by Russian laws.

We suggest you read: Does an employer have the right to fine an employee?
If the lease agreement is terminated due to a mutual agreement of the parties, the reasons may be as follows:

The validity period has expired.
The conditions on the basis of which the parties entered into the agreement have seriously changed.

If the contract is open-ended, both the tenant and the landlord have the right to terminate the lease. The other party must receive notice. This must be done within 3 months.

The tenant may seek unilateral termination of the contract - with the involvement of a court, in the following cases:

If the landlord does not provide residential premises or does not allow them to be used for their intended purpose.
If the apartment has unspecified defects that prevent it from being used.
If the owner of the apartment does not carry out major repairs.
If we are talking about the occurrence of circumstances beyond the will of the tenant, as a result of which it is impossible to fully use the apartment.
In the event of other circumstances specified in the contract.

The landlord may seek termination of the lease in the following situations:

If the tenant uses the apartment for other purposes, violates the living conditions and contractual rules.
If he deliberately worsens the condition of the living space.
I failed to pay for my accommodation twice in a row.

The agreement may also provide for other reasons according to which the lease may be terminated at the request of the owner of the premises.

Termination of a lease agreement by agreement of the parties, sample

Termination of a lease agreement by agreement of the parties is one of the options for terminating the legal relationship between them (clause 1 of Article 450 of the Civil Code of the Russian Federation, hereinafter referred to as the Civil Code of the Russian Federation).

Note! The legislation has not proposed a unified model of such an agreement, so it is drawn up in a free format.

The agreement must include all significant details characteristic of any contract:

name and details of the parties;
subject of the agreement - termination of a specific lease agreement (indicate the number and date of such agreement) from a certain date, the procedure for acceptance - transfer of the object of the agreement;
other provisions (including the procedure for resolving disputes, presence/absence of claims, etc.);
Date of preparation;
signatures of participants.

Additional agreement - example.

About the peculiarities of termination of the type of agreement in question, depending on who initiates the termination, read our articles at the links: Termination of a lease agreement unilaterally by the lessor, Early termination of a lease agreement at the initiative of the tenant.

In case of termination of the lease agreement by agreement of the parties (sample), the final document is the act of termination of the leased property between the parties, or an additional agreement. The additional agreement states that the parties have entered into an agreement to terminate the earlier agreements. The additional agreement acquires legal force from the moment it is signed.

If the contract was concluded for a year or more, then it must undergo state registration, therefore, the agreement on the termination of contractual obligations must also undergo a similar procedure

Article 452 of the Civil Code states that it must be concluded in the same form in which the contract was concluded. This document is drawn up if termination occurs by agreement of the parties. In no other case is such an agreement drawn up.

An agreement is needed to confirm the termination.

After signing such an agreement, the contract is considered terminated.

When is termination considered to have occurred{q}

This occurs on the date specified in the agreement of the parties. Also, this point can be determined by the court if the termination occurs in court.

In addition, a contract that was concluded for a certain period will be considered terminated if this period has passed.

Civil Code of the Russian Federation Article 452. Procedure for amending and terminating a contract

An agreement to amend or terminate a contract is made in the same form as the contract, unless otherwise follows from the law, other legal acts, contract or customs.
A demand to change or terminate a contract may be submitted by a party to the court only after receiving a refusal from the other party to the proposal to change or terminate the contract or failure to receive a response within the period specified in the proposal or established by law or the contract, and in its absence - within thirty days.

What right does the owner have to terminate the contract? {q} The landlord has such a right based on the clauses that are specified in the contract.

If the points that may be grounds for unilateral termination are not specified there, then termination can only take place in court.

According to ch. 34 Article 619 of the Civil Code of the Russian Federation, such reasons may be:

during their stay, tenants greatly deteriorate the condition of the housing and/or use it for other purposes;
tenants do not pay rent for more than 2 months in a row;
the tenant does not carry out major repairs of the property within the time limits specified in the contract. If these terms are not specified in the contract, then reasonable terms are considered. This applies to cases where the tenant is required to carry out major repairs.

Civil Code of the Russian Federation Article 619. Early termination of the contract at the request of the lessor

At the request of the lessor, the lease agreement may be terminated early by the court in cases where the lessee:

uses the property with a significant violation of the terms of the contract or the purpose of the property or with repeated violations;
significantly deteriorates the property;
fails to pay rent more than two times in a row after the expiration of the payment period established by the contract;
does not carry out major repairs of the property within the time period established by the lease agreement, and in the absence of them in the agreement, within a reasonable time period in cases where, in accordance with the law, other legal acts or the agreement, major repairs are the responsibility of the tenant.

The lease agreement may establish other grounds for early termination of the agreement at the request of the lessor in accordance with paragraph 2 of Article 450 of this Code.

The landlord has the right to demand early termination of the contract only after sending the tenant a written warning about the need to fulfill his obligation within a reasonable time.

When do tenants have the right to terminate?

Termination at the initiative of the tenant may occur for reasons specified in the contract.

Therefore, when drawing up a contract, it is necessary to take this point into account.

If these conditions are not specified in the contract, then the contract can only be terminated in court, on the basis of Article 620 of the Civil Code of the Russian Federation. To terminate the contract on these grounds, you will have to go to court.

Here are the grounds on which you can terminate a contract in court:

the owner, for some reason, cannot provide housing for use or creates an obstacle to this. For example, such a situation may arise if the landlord changed the locks or began to live in the apartment himself;
the housing has defects that prevent the tenant from living there. If these defects are not specified in the contract, the landlord did not discuss the presence of these defects and the tenant did not discover them during the inspection of the property and signing the contract;
the landlord does not carry out major repairs within the terms specified in the contract, if this is his responsibility;
if the housing has become uninhabitable due to force majeure.

We suggest you read: Terminate a land lease agreement unilaterally

Civil Code of the Russian Federation Article 620. Early termination of the contract at the request of the tenant

At the request of the tenant, the lease agreement may be terminated early by the court in cases where:

the lessor does not provide the property for use by the tenant or creates obstacles to the use of the property in accordance with the terms of the agreement or the purpose of the property;
the property transferred to the tenant has defects that prevent its use, which were not specified by the lessor when concluding the contract, were not known to the tenant in advance and should not have been discovered by the tenant during an inspection of the property or checking its serviceability when concluding the contract;
the lessor does not carry out major repairs of the property, which is his responsibility, within the time period established by the lease agreement, or, if they are not included in the agreement, within a reasonable time period;
Due to circumstances for which the tenant is not responsible, the property will be in a condition unsuitable for use.

The lease agreement may establish other grounds for early termination of the agreement at the request of the tenant in accordance with paragraph 2 of Article 450 of this Code.

Termination of a social tenancy agreement

Advice from lawyers:

1. There is a debt on utility bills. A subpoena was received: Statement of claim for termination of the social tenancy agreement, eviction from the occupied residential premises. The apartment has been privatized. What to do in this situation?

1.1. Good afternoon Alexander. There is a contradiction in your question. Your apartment is either privatized or you are using it under a social rental agreement, one excludes the other. If it is still a social rental, they can evict you; if it is privatized, then they will simply collect the debt. Best regards, Daria.

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2. If a social tenancy agreement is terminated due to the loss of the right to use residential premises and deregistration, the one who filed for termination is obliged to provide other housing or money for housing

2.1. No. Is not obliged to.

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2.2. There is no such obligation to provide other housing, much less issue money.

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2.3. Hello, no, you shouldn't.

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3. Does the child retain the right to use residential premises under a social tenancy agreement after the parents’ divorce? The child is a family member, registered in this housing, but actually lives with his father. If possible, then with references to the law.

3.1. If he is registered there, he has the right.

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4. Social hiring. The residential premises have been officially and documented recognized as unfit for habitation according to the Administration’s MVK Act. This means that it is further subject to termination by the court. Can I now renew the tenancy agreement for my adult child? Do I have to check out?

4.1. If it has already been declared unsuitable, then nothing can be reissued.

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4.2. No, if there is an act of recognition as unsuitable. Then any transactions with such housing are prohibited, including the conclusion of social contracts. hiring

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5. We received a resolution from the mayor of the city on the provision of residential premises, it contains the exact address. But to conclude a social contract. We cannot hire because our old contract has not been terminated. And to terminate, you need to leave and hand over the keys. The house has been declared uninhabitable. No one knows where to go and where to live until the conclusion of a new agreement; the administration of each district is blaming each other and answering that this is a vicious circle. What to do in this situation.

5.1. Alexey, I believe that your so-called vicious circle can be broken by concluding an agreement on the termination of the rental contract between you and the administration in whose department the premises from which you are leaving are located, in which it is stipulated that the contract is terminated now, and your family will vacate the premises within ______ days after termination of the contract, and you need to prepare in advance all the necessary documents for concluding a new social contract. hiring

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6. At the end of the validity period, the rental agreement for specialized residential premises (orphan child) can be extended once for a new term if the user of the residential premises is in a difficult life situation and has fulfilled the obligations under the agreement properly, or is subject to termination with a conclusion in relation to this residential premises of a social tenancy agreement. Those. If the contract is not renewed, then the housing is taken away? And what is a social tenancy agreement?

6.1. Hello! No one is taking away housing. Special agreement The employment can either be extended or terminated with the conclusion of the social contract. hiring If a social contract is concluded. rental, then you can privatize the living space.

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7. Which articles of the Housing Code should I refer to when requesting in a statement of claim to recognize that I have not acquired the right to use residential premises and terminate a social tenancy agreement? Thank you.

7.1. Since you’ve decided to save money and file a claim yourself, then don’t be too lazy to read the Housing Code of the Russian Federation... it’s not that big, and judicial practice will help you.

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7.2. Dmitry, for whatever you see fit. Drawing up a claim - paid, “how to write a claim”, “what to include in a claim” - this is an attempt to get for free something that costs money. Alas…

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8. Is it legal or not to withhold the debt to pay for housing in the amount of 50% of income (pension of 6,000 rubles), if the social tenancy agreement for residential premises was terminated by court due to failure to pay housing fees for previous years and the right to register was lost .

8.1. Good afternoon The court's decision is to look at why you are being held.

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9. I terminated the social lease agreement for residential premises. At the moment I am appealing that the termination of the social contract. hiring was forced.

9.1. AND?! Where is the question?!

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10. I am a plaintiff (representative of a minor) in a claim for termination of a social tenancy agreement for residential premises and deregistration of an adult who has not lived in residential premises for 16 years and pays utilities by court decision. The judge asked the question: how are the interests of a minor violated if an adult friend is only registered in a given living space and the payment is divided between us. Help with the answer.

10.1. There is only one answer - go to a lawyer. Because you need to see the materials of the case.

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11. I filed a claim in court against my daughter-in-law for recognition of the loss of the right to use the residential premises, termination of the social contract. hiring The court left the application without progress because I did not indicate the defendant’s address. But the problem is that I don't know her address. She left for the Moscow region in 1999 and we have not communicated since then. She may have gotten married and changed her last name. Maybe she is no longer alive at all. Without it, I cannot privatize the apartment. What should I do.

11.1. A petition to the court to appoint a lawyer on her behalf and make a decision on the merits. Good luck.

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12. Response to the statement of claim for termination of the social tenancy agreement for residential premises beyond the statute of limitations for the statement of claim.

12.1. But what is the actual question?

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13. If a citizen, having reprivatized housing, wants to terminate this agreement (social rent has been concluded with him). 1. His actions 2. legal consequences of termination of the contract (after all, having terminated the contract for the transfer of residential premises to the city’s ownership, the city will terminate the social tenancy agreement with him). And is this even possible? More than 8 years have passed.

13.1. He will need to vacate the property and notify the landlord of the termination of the social tenancy agreement.

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14. Is termination of employment relations grounds for termination of the Social Tenancy Agreement? Residential premises in the state. property, on the right of opera. Management. Purchased for employees.

14.1. Victoria is not, since a social tenancy agreement is not an agreement for the rental of specialized residential premises.

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14.2. The reasons should be set out in the text of your contract.

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15. In 2011, a claim was filed with the court for recognition of the loss of the right to residential premises, termination of the social tenancy agreement, and deregistration. The claim was denied. Is it possible to go to court again with a similar application?

15.1. Going to court on the same subject of dispute between the same parties is unacceptable.

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16. I live in an apartment under a social contract. hiring for about a year. My ex-husband is my employer. He did not move into the apartment from the moment the contract was signed, but only created scandals in every possible way and provoked me into a quarrel. He got married, lives with his wife, and has a child. How to prove that he does not live in the residential premises in court? What exactly must be the evidence to satisfy my demands for termination of the tenancy agreement in relation to him?

16.1. Maria, has he not lived there for about a year? or never lived at all? If he did not live, but was simply registered, then he must be recognized as not having acquired the right to use. If he lived, then he lost the right to use it. The case is very complex, there are chances if the case is handled competently with the help of a lawyer.

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17. What needs to be done to avoid the court satisfying a claim for termination of a social tenancy agreement with me, my sister and my father for non-payment of housing and communal services. Debt 200 tr. And will anything change if by the time of the trial we receive certificates of state registration of property rights?

17.1. Pay off debts. From Chesnokov.

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18. In a civil case regarding recognition of the loss of the right to use residential premises, deregistration, termination of a social tenancy agreement, two instances have been passed: the district court and the appeal court. I want to write a cassation appeal. Thanks in advance, Best regards, Tatyana.

18.1. Hello! A cassation appeal is drawn up against the decision of the district court and the ruling of the appellate court. The state fee is paid, the amount: when filing an appeal and (or) cassation complaint - 50 percent of the amount of the state fee payable when filing a claim of a non-property nature;

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18.2. Tatyana, you need to familiarize yourself with the decision and ruling of the court. Only after this do we draw conclusions about the advisability of writing a cassation appeal. For qualified help, you can contact me - contact details below. Sincerely, General Director of Legal, Stepanov Vadim Igorevich.

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19. In Article 83 of the Housing Code, Termination and termination of the social tenancy agreement for residential premises, in clause 3. In the event of the departure of the tenant and his family members to another place of residence, the social tenancy agreement for residential premises is considered terminated. I have a question. Another place of residence, how is that? What does this mean?

19.1. Oksana, good afternoon! Another place of residence is any other residential premises where a citizen permanently or primarily resides. In principle, within the framework of this article, this formulation has no special meaning. Here the fact of leaving the given premises “for a long time” is necessary. For a long time is an assessment category, but not for a month, not for 3, somewhere, starting from a year of absence. All the best, Best regards,

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20. Please, can the management company file a lawsuit to terminate the social rental agreement with the tenant (not paying rent for the premises) if the landlord is the district administration? Or should the administration file a claim?

20.1. The administration must file a claim for termination of the social lease agreement and eviction without representation or with the presentation of worse housing. The management company can file a claim for recovery of services.

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20.2. Only the administration can file a claim for termination of a social tenancy agreement. The management company is only authorized to have relations with you regarding the payment of mandatory payments. Draw conclusions.

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20.3. Termination of a social tenancy agreement for residential premises at the request of the landlord is permitted in court if the tenant fails to pay for the residential premises and (or) utilities for more than six months. (Article 83 of the Housing Code) The law deals with the right of the landlord to file such a claim.

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Can a court decide to terminate a social tenancy agreement and evict a tenant for failure to pay rent for a residential premises for more than 6 months?

ODES filed a lawsuit to terminate the rental agreement for residential premises (social rental)

Agreement to terminate the lease agreement for an apartment

Regardless of the term of the housing rental agreement, the tenant may well send a notice of its termination to the landlord (if all members of his family and individuals living with him - citizens) agree with this.

Termination of the rental agreement will be carried out 90 days from the date of this type of warning.

According to the claim of the owner of the residential premises, the rental agreement will be terminated in the following situations:

If the fees stipulated by the rental agreement are not paid (within six months). If this is a short-term rental (for a period of less than one year) - unless two or more payments have been made.
If the tenant or the persons for whom he is responsible caused damage to the residential premises.

Any of the parties has the right to initiate termination of the contract in court - if it has become impossible to live in the apartment, or in situations specified in the housing legislation of Russia.

This document is a voluntary decision of both parties to terminate cooperation (if all the requirements of this agreement have been met).

To draw up an agreement, use the same form as for the contract itself. In other words, if state registration was needed to conclude a lease agreement, then when concluding an agreement, the rights must also go through the registration process in the state register.
The preamble to the agreement must contain the names of the parties to the agreement. They must be similar to the names that were specified in the contract.
After which the parties declare that they want to end the contractual relationship for the rental of residential premises (indicating all contractual details - name, number, date when it was concluded). The conditions for termination must be listed (it is best to include the process of transferring property, information about settlements between the parties).

If the agreement does not reflect the end date of the lease, it is considered terminated from the date on which such agreement was signed.

They also reflect the number of copies of agreements. It is necessary to reflect the addresses, details and signatures of both participants. If a representative of a legal entity signs, there must be a seal.

Since residential premises are very expensive property, usually provided for use with good equipment and furniture, it is best to transfer the property according to the inventory. It is drawn up as an annex to the contract.

Question: Hello! My wife and I rent housing under a residential tenancy agreement. The contract is fixed-term – for six months. An agency organization helped us with the registration and received 50% of the monthly payment amount. We paid for the third month of stay in advance. And suddenly this news: the owner of the property decided to sell it.

Question: Good afternoon! Please tell me whether it is possible to include in the contract for the gratuitous use of housing (specifically, in the clause on termination of the contract) a requirement that the parties can send each other written notice only by Internet postal services {q} The contract will specify all email addresses and telephone numbers (both sides). Thanks in advance for your answer.

Termination of a social tenancy agreement by agreement of the parties

The easiest way to stop further cooperation in the presented case is to conclude a special peace agreement between the parties to legal relations. The legislation of the Russian Federation does not contain an established procedure for canceling a contract in the appropriate way. In order to avoid further claims, before signing the indicated document, the tenant and the landlord should discuss all the nuances of terminating the social tenancy agreement.

To terminate a lease agreement for real estate owned by state or local authorities, the parties to the transaction are required to draw up a special agreement. After the participants in these contractual relations sign the indicated document, the social tenancy agreement for residential premises becomes invalid. An agreement to terminate the contract concluded between the tenant and the landlord is a document the contents of which indicate information about the intentions of the parties to the transaction to terminate further relations regarding a specific document.

A peace agreement on the termination of a social tenancy agreement must necessarily contain the following data:

First, you need to register the personal and contact information of the participants in these contractual relations. Information about the tenant and the landlord is indicated in accordance with that indicated in the social tenancy agreement for residential premises, namely: Last name, first name and patronymic, as well as contact information about all representatives of legal relations;
Registration number of the agreement being drawn up;
The full name of the document being drawn up is: “Agreement on termination of the social tenancy agreement for residential premises”;
Afterwards, you must indicate the details of the document that the employer and landlord wish to terminate. It is required to indicate the date and place of registration, as well as the identification number and full name;
Next, you should indicate the date upon which the validity of the terminated document ceases. In the presented situation, it is recommended to write down the following expression: “... from the moment the employer and the lessor sign the agreement...”;
If the participants in these legal relations have fulfilled the obligations assigned to them by the contract, and they have no mutual claims, then this fact must be indicated when drawing up the agreement. If the tenant and the landlord have not resolved all issues relating to the termination of the social tenancy agreement, then this fact also needs to be stated. In addition, it is necessary to outline the procedure and time frame for resolving disagreements;
Next, you should indicate the number of executed copies of the agreement;
Finally, it is necessary to indicate the place and date of execution of the act, and the participants in these legal relations must put their signatures.

The sample agreement presented above is drawn up in accordance with the requirements of the legislation of the Russian Federation. The content of the submitted act may vary. It depends on the specifics of the transaction. Before you begin drawing up an agreement to terminate a social tenancy agreement, it is recommended that you familiarize yourself with the standard form and add the necessary information, if required.

In addition, it is recommended to issue a transfer and acceptance certificate. The designated document is necessary in order to record the fact of the transfer of housing, as well as the condition in which it is at the time of transfer. In addition, the content of the transfer document contains information that the tenant and the lessor have no claims against each other.

Notice of early termination of the lease agreement by the tenant

It is indicated in Articles 619 and 620 of Chapter 34 of the Civil Code of the Russian Federation. In some situations this may not be possible. One of the parties may demand termination based on the law or on the basis of the points that are specified in this document.

If the reason why one of the parties wants to terminate this document does not fit any of the clauses, most likely it will not be possible to terminate it.

Early termination of lease obligations, for one reason or another, the party (on whose initiative the obligations are terminated early) is obliged to comply with the claim procedure. Pre-trial procedure involves sending a claim to a party with a requirement to fulfill its obligations within a specified period.

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The claim makes reference to a previously concluded agreement and describes the violations of the parties that served as the basis for termination of these agreements. The document is sent by registered mail with a notification with a list of attachments to the legal address of the person (if the party is a legal entity) or to the address of the place of registration according to the passport (if the party is an individual).

A pre-judicial claim can be filed in two ways: by hand and by mail. In the first case, you need to submit the document in two copies (you give the first copy to the party, on the second copy (yours) you must put the entry number with the stamp and signature of an authorized person). This procedure is mandatory, since in court this will serve as reliable evidence that the claim was actually served by you on the other party.

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And so, the agreement is signed, registered, concluded. But one of the parties, for unknown reasons, wishes to terminate and terminate the legal relationship. The current legislation, namely the Civil Code, “speaks” in Articles 619 and 620, which strictly define the list of grounds for termination of contractual obligations under the lease. And so, termination of legal obligations at the initiative of the tenant is possible in the following cases:

Failure to comply with obligations to ensure accessibility to the object (evades responsibilities, creates obstacles, etc.), thus, the tenant is not able to use the subject of the contract.
The subject of the agreement has significant shortcomings that the lessor initially deliberately concealed from the tenant, or he did not have the opportunity to discover these shortcomings before concluding the legal document.
Failure to comply with the obligation to carry out major repairs of the property within the agreed time frame (in the absence of this period, repairs must be carried out within a reasonable time).
The rented property turned out to be in unusable condition.

When one of the parties wants to terminate the lease, it must give the other party a notice of early termination of this document.

This document must be in written form. It is handed to the other party against receipt or sent as a postal item with a notification that the addressee has received it.

We invite you to familiarize yourself with: Sample contract (agreement) on the division of marital property

Legislative acts of the Russian Federation do not provide for a special form according to which the notification must be drawn up. But it is better if the following details are reflected:

Title of the document.
Details of the parties and the agreement.
Reason for breaking the contract. All circumstances must be described.
Requirements to the party, the purpose of which is to terminate the contract.
Signature and date required.

Such documentation is compiled according to the general rules listed above in the article. Important! It is necessary to correctly indicate the characteristics of the object of the lease agreement, allowing it to be uniquely individualized.

To do this, in addition to the actual reference to the lease agreement (hereinafter referred to as YES), on the basis of which the object was transferred, the following are written down (if possible):

name of the property;
his full address;
object area;
cadastral number;
for a plot of land also: category of land and permitted use, description of boundaries, etc.

Note! Indicating the individual characteristics of the object of the contract is especially important when the lease is not terminated completely, but only in relation to one of several objects specified in it.

For information on how to draw up and send a letter of termination of a rental agreement, read our articles using the links: Letter of termination of a lease agreement - sample, How to send a notice of termination of a lease agreement{q}

Conclusion. The content of the said document may be free, but it must include a condition on the subject of the agreement.

Termination of a social tenancy agreement through court

Often, the initiator of termination of a social tenancy agreement through the court is the landlord. In order to initiate the process of terminating further cooperation by sending a statement of claim to the court, the applicant must follow a certain procedure.

The procedure for terminating a social tenancy agreement through court:

To begin with, the landlord must find circumstances on the basis of which it is possible to initiate the process of canceling a rental contract for housing owned by state or municipal property;
Afterwards, the plaintiff needs to collect documents that can confirm these grounds;
Next, the landlord needs to issue a special notice, which is sent to the other party to the transaction. The notice must indicate the desire to initiate the process of terminating the lease agreement for real estate owned by state or local authorities. In addition, it is required to indicate the need to pay off rent debts or compensate for damage caused, if any;
Once the notice has been issued, it must be sent to the defendant. This is done by registered letter with return notification. The landlord also has the right to bring the application personally to the tenant. To do this, the plaintiff should prepare two copies of this document in advance, one of which is provided to the defendant, and the other remains with the applicant. However, the tenant must sign the lessor’s copy, confirming the fact of acceptance and familiarization with the act;
If the defendant refuses to terminate the submitted contract, the lessor has the right to go to court with a statement of claim;
The court accepts the claim of the initiator of the annulment of the contract for consideration if the pre-trial procedure for resolving the disagreement is followed and this fact is confirmed with the help of an appropriate document. The employer's refusal must be in writing;
Afterwards a hearing is scheduled, and then the court makes a decision.

The claim must be submitted to the court with the following package of documents:

The applicant's passport or other document that can confirm his identity;
An act indicating that a person has ownership rights to the property;
A social rental agreement for residential premises that the initiator wishes to terminate;
Documents proving the circumstances on the basis of which the contract is canceled;
An act indicating that the pre-trial procedure was followed by the landlord;
A receipt proving that the plaintiff paid the state fee.

Statement of claim

General requirements state that a statement of claim must be drawn up in writing. However, today it is possible to file a claim not only in writing, but also in printed form. The text of the document must contain only reliable information, otherwise the statement of claim will not be accepted by the court. In addition to the claim, the initiator of the termination of the social tenancy agreement must provide documents indicating that the grounds for cancellation of the document are reliable. Otherwise, the claim will also not be accepted by the court. A statement of claim is drawn up in several copies - one for each participant in the transaction.

A claim for termination of a social tenancy agreement must contain the following information:

Full name of the court to which the claim is being sent;
Personal and contact information of the tenant and landlord;
Full name of the act being drawn up: “Statement of claim for termination of the social tenancy agreement for residential premises”;
Circumstances on the basis of which the document is annulled;
Landlord's requirements;
List of documents attached to the claim;
At the end, the place and date of drawing up the statement of claim are indicated, and the applicant’s signature is also affixed.

The statement of claim is sent to the district court at the place of registration of the employer. In certain cases, the state fee is not paid. This is possible if the plaintiff is local government authorities.

Registration of an additional agreement on termination of the lease agreement

The additional agreement should be drawn up in the same form as the contract being terminated (clause 1 of Article 452 of the Civil Code of the Russian Federation). The additional agreement, being an integral part of the YES:

It is not subject to state registration if the DA, which does not require state registration, is terminated through its conclusion. For example, concluded for a period of up to 1 year YES:
land plot (clause 2 of article 26 of the Land Code of the Russian Federation dated October 25, 2001 No. 136-FZ).
Subject to state registration if, through its use, an agreement subject to state registration is terminated.

Conclusion! The agreement to terminate the lease agreement is drawn up in writing, signed by both parties, and is subject to state registration, if the agreement to be terminated requires such a procedure.

Is it necessary to register termination of the contract{q}

This depends on whether the lease has been registered.

If there was such registration, then its termination must be registered. If it was not registered, then the termination is also not registered.

Trial

In what case can an action go to court{q} Article 450 of the Civil Code of the Russian Federation states that this is possible only if one of the parties has significantly violated the agreements that were prescribed.

Such an appeal is necessary in order to terminate the contract. Unfortunately, otherwise in this case it is unlikely that it will be possible to terminate the contract.

In addition, the court may order the party who violated the contract to pay compensation.

Civil Code of the Russian Federation Article 450. Grounds for amendment and termination of the contract

Changes and termination of the contract are possible by agreement of the parties, unless otherwise provided by this Code, other laws or the contract.
A multilateral agreement, the execution of which is related to the implementation of entrepreneurial activities by all its parties, may provide for the possibility of changing or terminating such an agreement by agreement of both all and the majority of persons participating in the specified agreement, unless otherwise provided by law. The agreement specified in this paragraph may provide for the procedure for determining such a majority.
At the request of one of the parties, the contract can be changed or terminated by a court decision only:
- in case of a significant breach of contract by the other party;

A violation of the contract by one of the parties is considered significant, which entails such damage for the other party that it is significantly deprived of what it had the right to count on when concluding the contract.

A party that is granted the right to unilaterally amend an agreement by this Code, other laws or an agreement must, when exercising this right, act in good faith and reasonably within the limits provided for by this Code, other laws or an agreement.

When concluding a contract for a certain period, it can be terminated without trial for the reasons specified in this document for this case.

Giving such reasons is completely legal. If there are no such conditions, then it can only be terminated in court.

For this reason, when you draw up this important document, pay close attention to the points that indicate when you can terminate it unilaterally.

If there are no such clauses in the contract, then it can only be terminated unilaterally in court. And this is not always convenient.

Special cases

Who cannot lose the right of residence after termination has occurred{q}

If the tenants have a child and they register him in a rented apartment, then it is not possible to evict the child even after termination of the lease until the child reaches adulthood.

Of course, this is usually encountered either during social rental housing, or if the owner has permanently registered someone with him. In the case of residential rentals, there is usually no provision for permanent registration of the tenant. By law, of course, the tenant must register.

But in this case, temporary rather than permanent registration is usually done. Therefore, the occurrence of such situations if the owner is an individual is very unlikely.

After all, a tenant may lose the right to use housing if the temporary registration is not extended. Usually it is adjusted to the rental period.

So in this case, problems may arise if the contract is terminated early, but the registration period has not yet expired.

In the case of permanent registration, everything is somewhat more complicated.

It is impossible to evict not only minor citizens, but also those who are dependent on the owner and tenants who do not have a specific place of residence.

This assumes that the person you want to discharge does not have their own home.

Typically, such situations do not arise in the case of rental housing. After all, it is unlikely that the owner will permanently register the tenant. But, nevertheless, before you make even a temporary registration, think about its timing.

After all, it is not always possible to discharge even a temporarily registered person before the end of registration. Therefore, do not rush to conclude it for a long time. It is advisable that its terms coincide with the terms of the contract.

Results

As you can see, the conclusion of all documents should be treated with extreme care.

After all, if certain clauses are not specified in the contract, then its termination will be more problematic.

A document such as a lease agreement serves to protect both parties, so it must be drafted correctly.

It also needs to be terminated correctly. When drawing up, you should take into account the nuances in case it still has to be terminated early. Read all documents you sign carefully.