Unilateral Refusal Of A Lease Agreement: Theoretical And Practical Aspects

Abstract

The article deals with the unilateral refusal of a lease agreement as a way of self-defence of the tenant's and landlord's rights. The author expresses an opinion that unilateral refusal of a lease agreement by the tenant or landlord in cases provided by law or the agreement itself as a consequence of violation of the terms of a lease agreement should be considered is a sanction for illegal behavior of the parties of the agreement.

The author notes that unilateral refusal of a lease agreement in case of breaching the agreement by the other party should not be equated to termination of a lease agreement at the request of one of the parties. They are independent grounds for termination of the agreement, which are characterized by a different mechanism of implementation, for example, the termination of a lease agreement at the request of one of the parties is always carried out in court.

The analysis of case law shows that in order to be able unilaterally refuse from the lease agreement, when concluding an agreement it is necessary to state with a due precision the grounds for unilateral refusal for each party to the agreement.

The author draws the conclusion that the simplified mechanism of unilateral refusal of a lease agreement should include two general stages: the emergence of grounds for unilateral refusal, and proper notification of the other party about the refusal of the agreement.