Can you end the rental agreement if the occupant is a military service member?
In Gomel, Belarus, a tenant's sudden military conscription has left a landlord in a difficult situation. Natalia, the landlord, shared her predicament with the news portal "Belka."
"I rented an apartment to a young man who was unexpectedly called for military service. He left me in a bind with a call from the mobilization point," said Natalia.
Unfortunately, she was unable to terminate the lease before the tenant was called into service.
"The contract is still valid, and I am required to pay taxes, despite not receiving my rent," she explained.
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Several potential solutions were proposed. According to the "one-window" service at the Soviet district administration, unilateral lease termination is not possible, even in the circumstances presented.
"It's not possible to terminate a registered contract without consent, even considering the circumstances... The soldier can authorize a third party to act on his behalf," they stated.
If the tenant refuses cooperation, the issue can be resolved through the courts. They also suggested that Natalia contact the tax office to apply for a suspension of tax calculations.
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It's possible for a new rental agreement to be registered with another tenant while the existing one is still intact. This is often done by students who share a room.
In Belarus, approximately 10,000 people were sent to reinforce the armed forces from April to May, and around 43,000 young people are expected to be called to recruitment commissions in the fall of 2025.
Belarusian law, as with many jurisdictions, does not have automatic lease termination provisions solely for military call-ups or conscription. However, several legal and practical options can be pursued in such cases:
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- Review the lease agreement for clauses dealing with tenant absence or abandonment.
- Send written notice to the tenant's last known address, inquiring about their situation and reminding them of their contractual obligations.
- Attempt to confirm military service status by contacting local military authorities or conscription offices (within privacy laws).
- Initiate formal lease termination procedures if rent remains unpaid and the tenant is absent without communication.
- Obtain a court order for eviction if necessary.
"Given her financial predicament, Natalia considers registering a new rental agreement with another tenant, as practiced by students sharing a room, to help manage her personal-finance situation while the existing lease remains valid."
"In such cases where the tenant is uncooperative, addressing the issue through the courts might be necessary, and she may also need to contact the tax office to apply for a suspension of tax calculations as a temporary solution for her lifestyle and personal-finance situation."
