How to Terminate a Lease Agreement?
Lease termination is an important process that should be handled with care for both tenants and landlords. In this article, we will discuss in detail how to terminate a lease agreement, the rights and obligations of the parties. We will also provide concrete examples to make the process more understandable.
What is Termination of Lease Agreement?
Lease termination is the termination of the lease agreement by the lessee or lessor under certain conditions. This must be done in accordance with legal procedures and the terms of the contract. There are generally two main types of lease termination: negotiated termination and unilateral termination.
Negotiated Termination
Negotiated termination is a mutually agreed termination of the lease agreement between the lessee and the lessor. In this case, both parties agree on the terms of termination and the termination process is usually completed smoothly.
Steps:
1.Interview: The lessee and lessor discuss and agree on the termination of the contract.
2.Written Termination Agreement: The parties put the terms of termination in writing. This document specifies the date on which the lease will terminate and the compensation or other financial obligations, if any.
3.Official Transactions: Once the agreement is signed, the parties complete the relevant formal procedures (e.g. return of the deposit).
Unilateral Termination
Unilateral termination is when the lessee or lessor terminates the contract using their legal rights. Unilateral termination can usually be made under certain conditions and on legal grounds.
Unilateral Termination by Tenant
The tenant may unilaterally terminate the lease agreement in certain circumstances. These include reasons such as health problems, change of workplace or the necessity to move.
1.Sending a Dunning Notice: The tenant sends a notice to the lessor through a notary stating that he wants to terminate the lease agreement. The reason for termination and the date of eviction must be specified in the notice.
2.Legal deadlines: The tenant must send the notice in accordance with the deadline specified in the lease agreement. Usually this period must be at least 30 days before the termination date.
3.Moving out: Move out on the specified date and vacate the rented property. The condition of the property must be reported to the lessor at the time of departure.
4.Deposits and Invoices: The tenant can request the return of the deposit after vacating the property and must ensure that all bills have been paid.
Unilateral Termination by the Lessor
The lessor can terminate the lease agreement under certain conditions. These conditions are usually situations where the tenant fails to make rent payments, damages the property or violates the terms of the contract.
1.Sending a Dunning Notice: The lessor sends a notice to the lessee through a notary stating that he wants to terminate the lease agreement. The notice must state the reason for termination and the eviction request.
2.Legal deadlines: The lessor must send the notice in accordance with the deadline specified in the lease agreement.
3.Eviction Case: If the tenant does not vacate the property on the specified date, the lessor may file an eviction lawsuit. The court decides on eviction after examining the evidence.
4.Receiving the Property: After the eviction order, the condition of the property is checked and the remaining debts are collected from the tenant.
Example Situations
Example 1: Negotiated Termination Mr. Ali and Mrs. Ayşe decide to sell their house before the end of the lease. They talk to the tenant Mr. Mehmet and end the contract by mutual agreement. All parties complete the process by signing a written termination agreement.
Example 2: Unilateral Termination (Tenant) Elif, a student, has to move to another city when her school ends. In order to terminate the lease agreement, she sends a notice to the landlord 30 days in advance and on the specified date, she vacates the house and hands over the keys.
Example 3: Unilateral Termination (Lessor) Mr. Ahmet determines that his tenant Fatma Hanım has missed her rent payments. He sends a notice through a notary and states that he will file an eviction case if the payments are not made. After receiving the notice, Fatma Hanım pays her debts and decides to move out.
Termination of a lease agreement is a procedure that must be carried out in accordance with legal procedures. Both the lessee and the lessor should act with knowledge of their rights and obligations. Negotiated termination is carried out smoothly by mutual agreement of the parties, while unilateral termination must be based on legal grounds. In this process, it is important to send a notice through a notary public and follow the necessary legal deadlines. It is recommended that you consult a lawyer for detailed information and support on the termination of the lease agreement.