Now, when the authorities are adopting prohibitions and restrictions for citizens and businesses, tenants and landlords of real estate have questions about how to properly build further relations under lease agreements, in particular, on rent.

Lawyers and advocates of KA "Yurproekt" prepared and posted in the public domain written recommendations, as well as forms of documents that entrepreneurs can use.

There are at least 2 options for the development of events under lease agreements in the current situation:

1. When, as a result of acts of the authorities, it is impossible to use the facility at all (ski resorts, fitness centers, swimming pools, etc.). In such a situation, we believe that the tenant has the prospect of obtaining exemption from paying rent for the period of restrictive measures for the type of business (real estate object).

2. When, as a result of acts of the authorities, it is partially possible to use the facility (for example, to deliver dishes from public catering facilities that are closed to visitors). In such a situation, we believe that the tenant has the right to demand a reasonable reduction in rent for the period of the restrictive measures for the type of business (real estate object).

We have prepared written notices from Tenants to Landlords about force majeure circumstances, which contain proposals for changing the terms of contracts.

Disclaimer!

• The position stated in these documents is the opinion of our lawyers and lawyers and should not be regarded as the only and exclusive correct one. It is important to understand that the current situation is extraordinary for Russian law and it is impossible to be 100% sure which side the court will take if the parties do not agree voluntarily.

• The content of these letters is of a generalized (typical) nature and is not the only possible solution, since each specific lease agreement may contain individual conditions that must be taken into account when drawing up such notices.

• The information was prepared as of 03.04.20. Please note that every day the authorities adopt new regulatory and administrative acts, introduce new prohibitions and restrictions that must be taken into account when preparing documents.

We hope that our recommendations will be useful to entrepreneurs.

Option 1. Aimed at exemption from rent.

Download: Rent Exemption Notice - Option 1.DOCX (0.15 Mb)

Full View: Rent Exemption Notice

Option 2. Aimed at reducing the rent

Download: Rent Reduction Notice - Option 2.DOCX (0.16 Mb)

Full text: Notice Reduction in Rent

Author

Dmitriy Alexandrovich Malinin

Chairman of the Bar Association "Jurproekt"