The demand by a rented apartment owner to immediately vacate the property because they changed their mind about renting it out or decided to sell it has no automatic legal grounds. This was stated by Alena Radeva, a lawyer and partner at the AXIOS PARTNERS Law Firm, who explained the procedure for tenants facing such conflicts. According to her, the landlord's right of ownership does not cancel the existing lease agreement, which is governed by the provisions of the Civil Code.
Legal grounds for early termination of the agreement
In accordance with Article 629 of the Civil Code of Ukraine, an agreement is mandatory for the parties to fulfill. The owner's desire to return the apartment or sell it does not terminate the arrangements automatically. According to Articles 810 and 821 of the Civil Code, housing is transferred for a specific period, and if not specified, the agreement is considered concluded for five years. The law provides specific grounds for early termination: for example, systematic non-payment of rent for six months or property damage.
A separate rule applies when the housing is needed by the owner or their family members for residence. In this case, the lessor must warn the tenant at least two months in advance. Change of ownership during the sale of the apartment also does not oblige the tenant to move out immediately, as the rights and obligations of the previous lessor simply transfer to the new owner.
Action plan in case of an urgent eviction demand
If the landlord demands to leave the apartment ahead of schedule, the lawyer advises first requesting a written explanation of the reasons for such a requirement. It is necessary to carefully check the lease agreement, which specifies terms, notification procedures, and conditions for early termination. It is also important to save all utility and rent payment receipts, correspondence, and other evidence of agreements for possible judicial protection.
If a compromise on early termination of the lease is reached, all arrangements must be fixed in writing. The document should specify the departure date, the procedure for handing over keys, final settlements, and the conditions for returning the deposit. Unauthorized changing of locks, obstructing access to the apartment, or withholding belongings by the owner give the tenant the right to contact the police.
Legal significance of the written form of the agreement
Article 811 of the Civil Code explicitly provides for concluding a residential lease agreement in writing. In its absence, proving actual terms is more difficult, but bank transfers, receipts, and correspondence retain legal force to confirm the fact of renting. Experts emphasize that working without an official agreement carries risks for both parties: owners may face tax adjustments, and tenants — sudden eviction.
