LITHUANIA Law and Practice Contributed by: Evaldas Klimas and Mantas Lideika, WALLESS
with a three-month written notice. Commercial lease agreements usually include the opposite rule, stating that the lease does not become a lease with an indefinite term. Commercial lease agreements usually include a specific procedure for the vacating of the prem - ises after the expiry or termination of a com - mercial lease. If the tenant fails to vacate the premises under the agreed terms, the landlord is usually entitled to terminate the supply of util - ity services, enter the premises and remove the tenant’s belongings at the cost of the tenant. 6.18 Right to Assign a Leasehold Interest As a rule, the tenant is permitted to assign its leasehold interest in the lease or to sublease all or a portion of the leased premises only with prior consent from the landlord. 6.19 Right to Terminate a Lease The lease may be terminated through the follow - ing methods: • by mutual agreement of the parties; • by either party’s demand, if the other party commits a material breach and fails to rectify that breach in due course (the parties may agree on what is to be considered a material breach under the agreement; otherwise, the material breach is to be determined based on statutory provisions); or • on other grounds set out in the agreement (the parties are free to establish any grounds for unilateral termination of the agreement, either through the judicial procedure or with - out applying to court). The landlord is entitled to terminate the lease agreement unilaterally if the following occurs:
• the tenant uses the leased objects not in accordance with the agreement/permitted use; • the tenant worsens the condition of the leased objects wilfully or through negligence; • the tenant fails to pay rent and/or other pay - ments under the agreement in time; • the tenant unreasonably refuses to sign the handover deed or does not sign it in due time; • the tenant fails to perform repair works on the premises; or • the tenant commits another material breach. The tenant is entitled to terminate the lease agreement unilaterally if the following occurs: • the premises cannot be used by the tenant due to circumstances not attributable to the tenant; • capital repair works are not performed by the landlord when the landlord is obliged to perform them; • the landlord unreasonably refuses to sign the handover deed; • the premises have material defects that prevent the tenant from using them for their permitted use; or • the landlord commits another material breach. Under the Civil Code, the tenant may termi - nate the lease if the landlord transfers title to the leased object. Usually, commercial leases include a waiver of the tenant’s right. In addi - tion, in the case of an investment transaction (asset deal), the buyers request the sellers to obtain specific confirmations from the tenants (usually anchor tenants) that the tenants will not terminate the lease in the case of a change of landlord.
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