Current Issues of Termination of the Lease Agreement on the Initiative of the Landlord
- Authors: Braitseva E.A.1, Tarasova I.A.1
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Affiliations:
- Moscow Regional Branch of the Moscow University of the Ministry of Internal Affairs of Russia named after V.Ya. Kikot
- Issue: Vol 18, No 2 (2025)
- Pages: 97-102
- Section: Criminal Law Sciences
- URL: https://journals.eco-vector.com/2072-3164/article/view/678700
- EDN: https://elibrary.ru/LEBPWZ
- ID: 678700
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Abstract
The purpose of the article is to study the grounds for termination of the lease agreement on the initiative of the landlord. The study analyzes legislation and judicial practice, since many of the terms used to describe the grounds for termination of the contract are evaluative. In this regard, it is concluded that the lease agreement is one of the agreements in which the dispositivity of civil law regulation is most clearly manifested. The authors propose to identify imperative and dispositive grounds for termination of the lease agreement at the initiative of the lessor. The article also contains practical recommendations for clearly and precisely articulating violations that may serve as grounds for termination of the contract at the initiative of the lessor, already at the stage of concluding the contract.
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About the authors
Elena A. Braitseva
Moscow Regional Branch of the Moscow University of the Ministry of Internal Affairs of Russia named after V.Ya. Kikot
Author for correspondence.
Email: ea_br@mail.ru
SPIN-code: 8401-1858
Cand. Sci. (Law), Associate Professor of the Department of State, Civil and Law Disciplines
Russian Federation, MoscowIrina A. Tarasova
Moscow Regional Branch of the Moscow University of the Ministry of Internal Affairs of Russia named after V.Ya. Kikot
Email: tarasovairina2@rambler.ru
SPIN-code: 4185-0419
Cand. Sci. (Law), Assoc. Prof., Associate Professor of the Department of State, Civil and Law Disciplines
Russian Federation, MoscowReferences
- Derkach V.V. Problems and solutions in lease agreements: issues of termination and execution. Young Scientist. 2023. No. 18 (465). (in Rus.).
- Kugusheva M.V. Special grounds for early termination of the lease agreement. International Journal of Humanities and Natural Sciences. 2019. Vol. 12–4 (39). (in Rus.).
- Battalova L.M. Lease of municipal property: problems of legal regulation and practice. Economic problems and legal practice. 2020. Vol. XVI. No. 2. Pp. 243–247. (in Rus.).
- Shevchenko E.E. Issues of termination of the lease. Laws of Russia: experience, analysis, practice. 2008. No. 2. Pp. 48–54. EDN: KVWAKL. (in Rus.).
- Bykov B.P. Legal regulation of the lease agreement. Arbitration practice. 2008. No. 8. Pp. 7–13. EDN: JUOVWX.
- Besalashvili M.Z. The special bases of change and cancellation of the contract rent. Business in law. 2010. No. 3. Pp. 119–121. EDN: MWFUDH. (in Rus.).
- Povetkina E.L., Tserkovnikov M.A. Commentary to the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of November 17, 2011. No. 73 "On Certain Issues of the Practice of Applying the Rules of the Civil Code of the Russian Federation on the Lease Agreement". Bulletin of the Supreme Arbitration Court of the Russian Federation. 2012. No. 2. Pp. 78–101. EDN: OOJLPV. (in Rus.).
- Shandaeva D.V. Legal nature of the lease agreement. In the collection: Problems of civil legislation of the Russian Federation. Materials of the interregional scientific and practical conference. FSBEI HE "Kalmyk State University named after B.B. Gorodovikov." 2016. Pp. 317–323. EDN: ZXOAXT.
- Mashtakov I.V. Civil offenses arising from the lease agreement. In the collection: Problems of Russian legislation: history and modernity. editorial board: R.V. Zakomoldin (exec. ed.), I.V. Mashtakov, V.K. Duyunov. 2010. Pp. 101–106. EDN: SUDQAR.
- Nikuradze A. Sh. Amendment and termination of the lease agreement. Lawyer. 2011. No. 24. Pp. 28–34. EDN: OOKMDL. (in Rus.).
- Makarchuk N.V. Actual problems of qualification of a preliminary lease agreement for real estate, which will be created in the future. In the collection: Improving civil legislation: issues of theory and law enforcement. Materials of the international scientific-practical conference. 2013. Pp. 71–75. EDN: FZNASJ.
- Zamryga D.V. On the legal qualification of agreements on changing the terms of the lease agreement. Competitive law. 2016. No. 2. Pp. 41–43. EDN: VSUTAL. (in Rus.).
- Khodakovskaya S.P. Protection of tenants’rights in case of termination or amendment of the lease agreement. In the collection: Theory and practice of economics, management and law in master’s studies. Collection of scientific articles. Exec. ed.: N.V. Fedorova. 2019. Pp. 406–412. EDN: SUQPXB.
- Termination of the lease agreement due to non-payment of rent. Is the medical organization-landlord entitled to unilaterally terminate the lease agreement due to the fact that the tenant does not pay the rent on time?. LPU Economics in questions and answers. 2014. No. 12. Pp. 39–40. EDN: SZBNKR. (in Rus.).
- Shaklein D.V. Reducing the lease term as a major transaction. Bulletin of Economic Justice of the Russian Federation. 2015. No. 6. Pp. 13–17. EDN: TXIPMH. (in Rus.).
- Cherevadskaya O.E. Lease of property owned by several individuals. Tax policy and practice. 2014. No. 9 (141). Pp. 44–47. EDN: TTITDV. (in Rus.).
- Vasilyeva V.V. Lease agreement: legal aspects. Rights and obligations of the parties, conclusion and termination of the contract, state registration of the lease agreement, rent, rental, leasing, rental of vehicles. Ser. Civil contracts. Moscow, 2007. EDN: QXLPDB.
- Karapetov A.G., Bevzenko R.S. Commentary on the Civil Code norms on certain types of contracts in the context of the resolution of the plenum of the Supreme Arbitration Court of the Russian Federation "On freedom of contract and its limits". Bulletin of Economic Justice of the Russian Federation. 2014. No. 9. Pp. 6–107. EDN: SYLYHP. (in Rus.).
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