Lease is a contractual agreement made between the landlord and the tenant of the property being lease. In the lease, there are usually stipulations the tenant needs to abide by. There are also things the landlord has to abide by. Not fulfilling any of the stipulations on the lease by either the landlord or tenant will cause the termination of the lease.
When signing a lease, it is wise to have both landlord and tenant to sign in front of a Notary of Republic. If you current have a bank account, you can go to any branch of your bank to find a notary for free. Freelance notary my charge a fee.
If the landlord does not abide by their stipulations included in the lease, the tenant will have the right to terminate the lease early. For example, usually things like sewage and hot water are usually included in the lease. If a landlord’s negligence prevents the property from having sewage or hot water, the tenant can then contact the landlord informing them of the early termination of the lease. In most cases, all it takes is a conversation with the landlord for both landlord and tenant to agree to terminate the lease. In some cases, if the landlord refuses to terminate the lease, you will be able to provide a copy of the lease to the court (VERY IMPORTANT: Tenants should always get a copy of the lease they sign!)
If a lease is terminated due to a tenant not abiding by stipulations outlined in the lease agreement (Not paying rent, subleasing, continuous domestic disputes leading to exceeding amounts of damages, etc.), it is very important to outline the consequences for legal purposes such as evictions. Legally, the tenant will have the ability to issue a 30 day eviction (Typed or hand written)
What if the tenant(s) refuse to leave?
The landlord will then need to go to their district court to fill paperwork for eviction. Since the start of the COVID-19 pandemic, the eviction process is a little more difficult. There are two scenarios that a court will 99% of the time side with the landlord and proceed with the eviction: (1) If the tenant is back on rent payments lasting longer than 30 days, or (2) If the tenant is discovered dealing in illegal activities on your property.
Sample lease agreement
Below is a sample lease agreement a landlord can use: