“In practice, it is noted an increase in complaints from citizens who rent housing who are having trouble with the owners – said “RG” member of the Association of lawyers of Russia Asiya mukhamedshina. – For example, I was recently contacted by a woman who occupies the last position in a major organization at the Federal level. But the difficulty with finances because of the economic problems associated with the pandemic, and did not ignore it.”
the Woman was unable to pay the current payment. She asked the owners to earn fees Deposit: a form of insurance in the amount of just the monthly payment. A Deposit is required at the conclusion of the contract and was supposed to lie the owners are inviolable. But the owners refused to meet, demanded either full payment or the things on the way out. Were rude, called the police.
“She didn’t understand what to do in such a situation, although, in principle, is legally competent person, – says Asiya mukhamedshina. The post was obliged to have legal knowledge, but in everyday situations the woman was confused, and humanly actions of the landlord was for her a disappointing and unexpected.”
the Expert stresses that the non-trivial case, these calls are now heard in many law firms. Accurate statistics of how many people in the country live in rented apartments, no. Experts believe that millions at least.
According to estimates of realtors, in Moscow for rent several hundred thousand apartments. For many Muscovites, having several apartments, the rent is the only income. It is clear that they are now not less nervous of their tenants. Someone who works the hosts after the start of the pandemic could lose their job or the wages and hoped that the tenants will not fail. In a difficult situation was all.
Not long ago, analysts from major real estate agencies have reported serious problems in the rental market for private housing: the old tenants ask for a discount or moving to a smaller apartment. New employers little, besides the mode of isolation prevents the searches and journeys.
it Seemed that life itself makes tenants and owners to compromise. But many employers are trapped: and can not pay, and quickly leave is not possible. Using this, owners are trying to get tenants for the throat. In the truest sense.
there is a sacramental question: what to do? Is there any right of the non-cash tenant?
it may seem strange, but the rights of a citizen without money.
“let’s Start with the fact that while there is the lease, the owner has no right to demand your eviction from this housing, – says Asiya mukhamedshina. – If you have formed the arrears of rent, then you are violating the terms of the contract, this is followed by its termination by agreement of both parties or at the request of the landlord in su��ebnom order in accordance with article 687 of the civil code”.
in Other words, the late payments, of course, a violation. But this does not mean that the defaulter is automatically outside the law. If he refuses to move out, the problem should be solved in court. And the court, the lawyer may consider emergency circumstances. Of course, to live free and indefinitely, the employer will not be allowed. But it is legitimate to consider the question of delay and even discounts.
“the Practice has not yet formed, but there is a high probability that because of the pandemic, and introduced restrictive measures, the court will deny the claim of the landlord on termination of the lease and will provide, at the request of the employer deferred payment in connection with force majeure circumstances”, – says member of the RAL.
But the parties can resolve the issue amicably: to enter into the agreement. If the owners refuse to negotiate, the lawyer encourages employers to prepare a draft additional agreement, which fits into the lease deferral or discount in relation to the existing circumstances, that is, the flash COVID-19. This contract is proposed to formally send to the owners. Through the notary, by mail. Even if the owners tear the paper for the court the fact of their appearance can be a argument in favor of tenants.
“No enacted court decision, neither the owner nor the police have the right to evict a tenant from an apartment, – says Asiya mukhamedshina. – In case of threats from the landlord for eviction require a court decision, and while it will not get, can not worry that you will be kicked out on the street. If the landlord goes too far, rude, threatening, admits the assault, feel free to call the police and write a statement, referring to article 119 of the criminal code of Russian Federation “Threat by murder or causing of heavy harm to health” and the administrative offences code, article 5.61 “Insult”, 6.1.1 “Beating”. In addition, the landlord will be fined for violation of the regime of self-isolation. Arrived along the police at your call as proof of legal presence in the apartment show the rental contract and your passport.”
