Special circumstances for change or termination of housing agreement (rental)

Abstract

The article examines certain issues of housing law, in particular, the special grounds for changing and terminating the contract of employment (lease) of housing in today's conditions and in connection with the introduction of martial law in Ukraine. It is noted that along with the general grounds for terminating a housing (lease) contract, new special grounds for changing or terminating have appeared. In Ukraine, the legal framework for regulating housing relations is based on the following principles: freedom of contract, equality, fairness, etc. It is substantiated that the construction of housing (lease) contracts is different. Differences between contracts of hiring (lease) of housing are revealed. The features of the general grounds for terminating the contract of employment (lease) of housing have been studied. Modern judicial practice contradictoryly applies certain legislative provisions of the institution of terminating a rental agreement, which leads to the need to legislatively supplement the general grounds for terminating a housing (lease) agreement with special grounds in order to improve the quality of legal regulation of rental relations and the effectiveness of law enforcement. A necessary fact of proof is the establishment of the guilty person in creating the danger of liquidation of property.
 The recommendations on special grounds for changing and terminating the contract of hiring (renting) housing in connection with the introduction of martial law in Ukraine are analyzed. It has been established that the legislation of Ukraine provides for the right to unilaterally withdraw from the contract. At the same time, the need to provide for the following special conditions for changing or terminating the contract in the current conditions of martial law in Ukraine is substantiated: exemption from rent and/or utility bills; mutual release from the performance of obligations under the contract for the period of force majeure and force majeure, namely during the war; conclusion of additional agreements between the parties to resolve conflicts without applying to jurisdictional bodies, etc. Due to the fact that a notarial form and state registration are mandatory for contracts for real estate, and during martial law most open state registries are not available, the parties need to be more careful about agreeing on the terms of action and terminating a contract for rent (lease) of housing, remember and on the actual transfer / return of property, which must be confirmed by the act of acceptance and transfer. It is also proposed to establish legislatively that in the event of martial law in Ukraine, the legal consequence of changing the terms of the contract should be - the suspension of the fulfillment of obligations under the housing contract by mutual agreement of the parties - the landlord and the employer.