Main points
- A land lease agreement can be terminated early if the tenant violates the terms, for example, does not pay or uses the land for purposes other than its intended purpose.
- To terminate the contract, documentary evidence of violations is required, after which it is necessary to warn the tenant in writing and, if necessary, apply to the court or notary.
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Quite often, land lease agreements are concluded by share owners for quite long terms, on average 5-10 years. However, sometimes circumstances arise when, for certain reasons, the agreement has to be terminated early.
How to terminate a land lease agreement?
Even if the land lease agreement is concluded for 7 or 10 years, there is still a way out, reports the Land Fund of Ukraine. If the tenant violates the terms or fails to fulfill his obligations, you have the right to early termination.
The most common reasons that may be grounds for terminating a land lease agreement:
- Tenant not paying. The most common problem. If you don't receive money according to the contract, this is a direct violation that gives you the right to terminate.
- The land is not being used for its intended purpose. The plot is for agricultural purposes. And if there is a warehouse, a garage, or a garden cut down there, this is a serious violation.
- The land was subleased without your consent. Subleasing without the landlord's written consent is a breach of contract, even if it is “only for the season.”
- Damage to the land or destruction of the soil. For example, the tenant removed black soil, poured chemicals on it, or did not take care of the plot. This also gives grounds for going to court.
- Other violations of the terms of the contract. Everything that is written in the contract must be fulfilled. For example: they did not submit the acceptance certificate, did not provide reporting, or used the land without registration.
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What else you need to know:
- The basis must be documented. Photos, witnesses, written appeals – everything is important.
- First, a written warning to the tenant.
- Next, go to the court or notary, depending on the situation.
What is the minimum term for concluding a land lease agreement?
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Ukrainian legislation establishes a minimum lease term for agricultural land of at least 7 years, and for reclaimed land – at least 10 years.
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There is no hard minimum term for non-agricultural land, and it is determined by the parties to the contract.