How not to go through the world to the tenants of rented apartments and tenants closed on quarantine offices during the period of the pandemic coronavirus, explained the Supreme court. In addition, the Supreme court sort through the question of postponement of payments for utilities and overhaul.
Sick of questions on rent and housing and communal services of the armed forces was dismantled in the new “Overview on certain issues of judicial practice related to the application of laws and measures for counter-proliferation in the Russian Federation of a new coronavirus infection (COVID-19)”.
to Postpone the payment of rent by the occupant of the rental unit the tenant of the office or closed because of the virus threat may store up to 1 October this year. Sun recalled that such a period is determined by the resolution of the Cabinet of Ministers. But there is a caveat: in every region of the start of your vacation rental, which starts with the date of introduction of restrictions and on high alert. Another important point – the owner of square metres and the tenant may mutually agree to negotiate a smaller back-off interval. But, as emphasized by the Supreme judge, such a gentleman’s agreement should not lead to the deterioration of the situation of the tenant. That is to put pressure on the tenant and demand that the poor fellow gave money, the owner can not.
non-residential premises – offices, co-working spaces and shops – the situation in General is the same, but with a caveat. As a General rule, the owner is obliged to accept and to tighten the belt. According to the SC, if the business of the tenant because of the coronavirus paused and the industry of its activities affected, this is already grounds for deferral of payments for rent. However, the owners of the business centers and shopping plazas there is a possibility for a workaround.
“If the lessor is proved that the tenant in fact is not affected and clearly not affected to the deteriorating situation with the spread of the new coronavirus infection, and the claim is obviously a manifestation of dishonest behavior (e.g., in the case of use of the rental object contrary to the established restrictive measures), the court depending on the circumstances of the case and given the nature and consequences of this behavior may deny the protection of tenant’s rights completely or partially,” says the review.
Finally, an important explanation for debts on housing and communal services and major repairs. The Supreme court clarified that the accrual of fines and penalties to the defaulters, the superintendent will have to forget before 1 January 2021. To apply for the debtor to the court in this period also impossible. Suppliers of electricity, water and heat, in turn, will not be able to sue management companies.
“suspension of the procedure for calculation and collection of penalties, both in terms of owners and users of premisesuse in apartment buildings and residential houses and persons, carrying out activity on management of apartment houses and, accordingly, taxpayers are exempt from penalties for the relevant period,” – said VS in the overview.
Specifies that the moratorium applies to penalties, which were expected to accrue from 6 April this year. Moreover, under freezing fall and debts for previous months, if for some reason the utility is not accrued on them penalties.
