From law practice: Omission of a clause to settle all claims
We were contacted by Ms. Saša with a problem concerning a seemingly small omission, which could have had far-reaching consequences. She had entered into a lease termination agreement and thought she could forget about the small old flat she had left and enjoy her new flat with its large terrace and herb beds.
However,when the agreement was concluded, she forgot to insist on a clause concerning possible further claims by the landlord, stating that all claims were settled. She almost got even when the sly landlord suddenly demanded the last rent back twice. We stood up for Mrs Sasha and, thanks to circumstantial evidence, he was convicted of lying and withdrew his claim completely.
What to look out for when entering into an agreement to terminate a lease on an apartment?
1. Put the agreement in writing, as the law requires, because the lease for the apartment must also be in writing.
2. Label the pages of the document correctly.
3. Correctly identify the apartment to which the agreement relates.
4. Include in the written agreement all the rights of both parties – the continuing and the agreed parties.
5. Include in the agreement both how the rest of the rent will be paid and how the security deposit will be returned to you.
Real Estate Purchase or Sale
We provide a complete package of services for both landlords and tenants. We will draft or review all lease/rental contracts, help with extension or termination of lease, and make sure everything takes place smoothly and without legal complications. You’re also welcome to pay after services are provided.
What if you don’t make a deal?
Under the latest legislation, if the tenant leaves the flat in such a way that the tenancy can be deemed to have ended without any doubt, which in practice means that they move out without first agreeing with the landlord, the flat is deemed to have been surrendered immediately. The Explanatory Memorandum does not elaborate on this provision and its application in practice will therefore depend on how the courts treat it. However, it is such a de facto termination.
Are you dealing with issues relating to the lease of an apartment or its termination? We can help protect your rights too.