In some cases, where early termination is triggered by non-compliance with the lessor`s obligation, the tenant must exercise with caution his option to terminate the tenancy agreement. In general, termination is justified only in a few circumstances, for example if the lease is in principle violated, “which essentially deprives the innocent party of the total interest of the contract” or, alternatively, as “an offence”. These definitions share similar principles. If a serious offence is found, the party against which the basic offence was committed has the right to treat the contract as if at the end. However, the threshold for finding a basic offence is quite high, often the tenant, who treats the lease as the end, considers himself the party who violated the tenancy agreement by the court. If a transfer or sublease is allowed, a commercial tenant may be able to find another party to resume the lease, without penalty. However, it is important to remember that the landlord can still come after the original tenant if the subtenant cannot make the payments specified in the original contract. Behaviour includes handing over the keys to the owner and the landlord who takes the receipt for the lease to expire. Both options would, however, require the lessor to agree to the tenant to abandon the tenancy agreement. The landlord may also demand payment as “compensation” for the loss of rental income.
If the landlord wishes to set a commercial lease at an early stage, he can ask the tenant to return it. In this case, the tenant is not obliged to accept and can accept the tax for the payment of a premium. If an existing lease does not include the right of break, a tenant can negotiate with the landlord to terminate the lease prematurely. This is called surrender. The surrender of a lease by a tenant to its landlord is an amicable agreement between the landlord and the tenant. The rebate can either be documented in writing (the deed of surrender) or it can be deducted from the behaviour of the landlord and tenant known as the “legal enterprise.” If the owner is willing to take over the property, then a rebate is a way to end the lease. Whatever the situation, if you want to terminate your commercial lease prematurely, it is only wise for a responsible business owner to consult a commercial lawyer before he or she even makes the first step. This article provides a brief summary of the options available to a customer to terminate a commercial lease before the end date.