Main points
- A land lease agreement may be terminated by agreement of the parties or by court order.
- The landlord may unilaterally terminate the contract if the tenant delays paying the rent for more than 3 months.
When can you terminate a contract / Photo Pixabay
The economic disadvantage of a land lease agreement does not in itself give the right to its unilateral termination. The law provides clear grounds when this is possible without the consent of the other party.
When can a contract be terminated?
Quite often, the landlord may not be satisfied with how much profit the land he leases brings, when he may not even be able to cover the land tax. Lawyer Vitaliy Sokurenko, in a commentary for Channel 24 , said that Part 3 of Article 31 of the Law of Ukraine “On Land Lease” regulates that the lease agreement may be terminated by agreement of the parties.
Vitaly Sokurenko
Lawyer LEGAL STRATEGY
If no agreement is reached, early termination is carried out by court decision, while unilateral termination is not allowed, unless otherwise provided by law or the contract itself.
According to Part 4 of Article 31 of the Law of Ukraine “On Land Lease”, unilateral termination of a land lease agreement is not allowed, unless otherwise provided by law or the agreement itself. However, there are two exceptions to this rule:
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if the lessor has such a right under the lease agreement;
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If the tenant delays the payment of rent for more than 3 months, the landlord has the right to terminate the contract unilaterally (Article 782 of the Civil Code of Ukraine).
Vitaliy Sokurenko notes that in all other cases, at the request of either party, the lease agreement can be terminated early only by court decision.
Important! That is, according to the lawyer, economic disadvantage cannot be an automatic basis for unilateral termination.
How to make changes to a land lease agreement in Ukraine: lawyers explain
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Lawyers explain that changes to a land lease agreement in Ukraine are made by mutual consent of the parties and must be drawn up in the same form as the agreement itself.
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Changes to the essential terms of the contract, such as the leased object, the term of the contract, or the amount of rent, are subject to state registration.