Expert Legal Solutions for Disputes in Real Estate Lease Agreements

Resolve real estate lease disputes with expert legal assistance in Belarus. Protect your rights and interests.

A foreign company or a private individual — a non-resident — can lease out or rent real estate in Belarus. However, relationships between tenants and landlords aren’t always smooth. Disputes and disagreements may arise over issues such as property repairs, rent payments, refusal to vacate, and other issues. Resolving these conflicts requires the help of a lawyer specializing in real estate and lease disputes.

Why Do You Need the Help of a Rental Real Estate Lawyer?

Rental disputes can be complex. A real estate lawyer provides essential expertise in interpreting lease agreements, negotiating terms, and protecting your rights. Whether dealing with tenants, landlords, or property managers, a lawyer helps resolve disputes effectively, avoid litigation, and secure favorable outcomes — ensuring peace of mind in your real estate matters.

Common Disputes Related to Real Estate Leasing

The Lease Agreement Does Not Specify the Real Estate Object

Belarusian law requires lease agreements for real estate to clearly identify the leased property. Its address, area, and designated use must match the property’s technical documentation. If, for instance, the agreement states a smaller area than listed in the technical passport without explanation, a court may declare the agreement invalid.
The property details can be outlined not only in the lease agreement but also in a transfer act, floor plan, or other annexes. Attached plans and diagrams must accurately indicate the property’s location.

A New Property Owner Demands the Tenant Vacate the Premises

It may happen that the owner of the leased property changes, and the new owner demands the tenant (including non-residents) vacate the building or premises. Such demands are not supported by Belarusian legislation. If the property in question is state-owned, tenants who have been leasing it for more than three years have the preferential right to purchase it at market value.

Common Disputes Related to Real Estate Leasing

Disputes Related to Rent Arrears

These disputes arise when a tenant fails to pay rent and utility bills, thereby becoming indebted to the landlord. In this situation, the landlord has several options for debt recovery:

If the landlord company is a taxpayer in Belarus, it can submit information about debtors, including those with rent arrears, to the tax authority. In this case, the tax authority will collect the landlord’s taxes from the debtor.

If the debt is undisputed, the landlord can apply to a notary for an enforcement inscription, which serves as an enforceable document for debt collection.

In case of a dispute, the landlord should prepare for litigation.

Common Disputes Related to Real Estate Leasing

Disputes Related to Repairs of Leased Property

Tenants may carry out repairs without the landlord’s consent and then demand that the repair costs be deducted from the rent. Disputes may arise if the landlord considers such expenses excessive or unjustified.

Tenants may also refuse to participate in repairs of the building where they lease individual premises, leading to conflicts with the landlord. It is easier to prevent such disputes before repairs begin by agreeing in advance on the procedure for conducting repairs and the allocation of costs between the parties. In such disputes, both parties will require the services of an experienced lawyer.

Disputes Over Property Return After Lease Termination and Tenant Eviction

These disputes typically arise after the lease is terminated or when a tenant fails to pay rent and does not vacate the premises. In such cases, the landlord will require the services of a competent attorney to initiate legal proceedings against the tenant.

Consultation on Real Estate Lease Issues

Consultation on Lease Situations

We provide expert advice tailored to your specific situation in real estate lease agreements, helping you understand your rights and obligations.

Strategy Development for Disputes

Our team will help you craft a strategic approach to handle any rental disputes effectively, aiming for a favorable resolution without escalation.

Preparation of Pre-Litigation Documents

We prepare formal documents to send to the tenant or landlord to attempt resolving the dispute before taking it to court, ensuring all actions are legally sound.

Negotiation Representation Before Court

We represent your interests in negotiations to resolve rental disputes, working to avoid costly litigation and reach a mutually beneficial agreement.

Notary Certification for Lease Agreements

We assist in preparing documents for a notary to authenticate an enforcement clause in a lease agreement, ensuring legal compliance.

Filing a Lawsuit for Lease Dispute

Our team prepares and files a claim in court, along with all supporting documentation, to resolve any lease disputes through judicial intervention.

Court Representation for Lease Disputes

We represent you in court proceedings, protecting your interests and advocating for a fair resolution of your rental property disputes.

Enforcement of Obligations

We help enforce lease obligations, ensuring tenants or landlords fulfill their responsibilities, often through legal proceedings or enforcement actions.

Handling Abandoned Property

Our experts assist in determining the fate of abandoned property, advising on legal actions for removal or claim of possessions left behind.

Termination Due to Significant Changes

If there are substantial changes in circumstances, we help navigate the legal process of terminating the lease, ensuring your rights are upheld.

Tenant Eviction

We handle all aspects of tenant eviction, from legal procedures to enforcement, ensuring compliance with Belarusian rental laws.

Compensation for Damages

We assist in seeking compensation for damages caused by tenants or landlords, ensuring you recover the losses from breach of lease terms.

Other Real Estate Lease Disputes We Can Handle on Your Behalf

Disagreements Over Lease Agreement Terms

Disputes often arise regarding the terms of a lease agreement. These may involve issues such as the amount of rent, conditions for property use, lease duration, and other aspects.

Refund of Security Deposit or Advance Payment for Private Clients

There may also be disputes concerning the return of security deposits or advance payments, compliance with property usage rules, property repairs, or recalculation of rent due to changing circumstances.

Termination of Lease Agreement

Conflicts can also occur in connection with the termination of a lease agreement, including cases where the landlord seizes the tenant’s property for non-payment of rent or for violating the lease terms.

Dispute Resolution Procedure

For resolving real estate lease disputes in Belarus, both pre-trial and judicial procedures are applied. The tenant and landlord can settle the dispute out of court or file a claim with the court.

Mandatory Pre-Trial Procedure

In disputes involving companies and individual entrepreneurs, a mandatory pre-trial dispute resolution procedure applies. This means that before submitting documents to court to recover a debt or enforce other obligations under a lease agreement, a written claim must be sent to the company or individual entrepreneur — proposing voluntary repayment of the debt or fulfillment of other contractual obligations.

According to the Lease Agreement, Movable and Immovable Property Can Be Transferred

Land Plot

A land plot can be leased for agricultural, commercial, or residential purposes, allowing the tenant to use the land while the ownership remains with the lessor.

Enterprise and Other Property

An entire enterprise or other property complexes, including machinery and equipment, can be leased, providing the tenant with the right to operate the business or utilize the assets.

Isolated Premises

Isolated premises, such as separate rooms or spaces within a building, can be leased for specific activities or purposes, offering flexibility in use and duration of the lease.

Apartment

Leasing an apartment grants the tenant the right to occupy and use the property as their residence, with specific terms regarding maintenance and rent payment.

House

A house can be leased for residential purposes, providing a complete living space, often with additional responsibilities for upkeep and property care as per the lease agreement.

Other

Other types of property, including commercial or industrial units, can also be leased, depending on the nature of the property and the terms agreed upon by both parties

Procedure

Meeting and Situation Discussion

We start with a detailed meeting to discuss your situation, understand your needs, and gather all necessary information to form a clear strategy for resolution

Contract Signing

After agreeing on the terms, we draft and sign the contract, ensuring that all legal aspects are covered and both parties’ interests are protected.

Strategy Development and Protection Method Selection

We develop a tailored strategy and choose the most effective method of protection—whether through state court, arbitration, or mediation—based on your specific case.

Preparation and Submission of Necessary Legal Documents

Our team prepares and submits all required procedural documents, ensuring everything is in compliance with the law for a smooth legal process.

Obtaining a Court Decision

Once the case is presented, we work to obtain a favorable court decision, ensuring your interests are defended throughout the legal process.

Appealing the Court Decision if Necessary

If you disagree with the court’s ruling, we handle the appeal process, seeking a revision or reconsideration of the decision in higher courts.

Support in the Enforcement Stage, Worldwide

We provide support at any stage of enforcement, ensuring compliance and legal action is taken in any jurisdiction worldwide to secure your rights.

Outcome: Guaranteed Protection of Your Interests

The final result ensures your interests are fully protected, both in court and through out-of-court mechanisms, delivering the outcome you sought in your legal matter.

Why Us

Expert Examination of the Issue

We provide thorough, expert analysis of your case, ensuring all angles are considered and the best course of action is chosen for your situation.

Numerous Successful Cases

Our track record includes many successfully resolved cases, reflecting our expertise and commitment to delivering favorable outcomes for our clients.

Saving Clients’ Money

We help our clients save money by providing cost-effective legal solutions, avoiding unnecessary expenses, and focusing on the most efficient way to resolve disputes.

Resolving Complex Legal Issues

We specialize in resolving complicated legal situations, providing clear guidance and effective solutions tailored to your specific needs and circumstances.

Saving Your Time

Our team handles the legal complexities so you can focus on what matters most, ensuring the process is as efficient and streamlined as possible.

We Speak Your Language

We communicate clearly in a way that makes sense to you, ensuring you fully understand your options and the steps involved in your legal matter.

FAQ

How can a landlord protect their property?

To protect their property, a landlord should sign a well-drafted, legally sound lease agreement, conduct regular property inspections, and, if necessary, insure the property against potential risks.

How to properly lease out real estate?

Properly leasing real estate involves preparing the property, setting a market-appropriate rental price, drafting a clear lease agreement, and thoroughly screening potential tenants.

What should be done if the landlord doesn’t pay rent?

If the landlord fails to pay rent, the tenant should first send a written demand for payment. If the issue persists, the tenant may take the matter to court for debt recovery and possible lease termination.

How to deal with dishonest tenants?

If a tenant breaches the lease, such as failing to pay rent or damaging the property, the landlord can seek compensation, terminate the lease, and file a lawsuit to resolve the issue.

How to protect yourself from financially unreliable tenants?

To protect against unreliable tenants, landlords should carefully assess the tenant’s financial stability, request proof of income, and include security deposit and payment guarantees in the lease agreement.

Why is a lease agreement necessary when renting property?

A lease agreement provides legal protection for both the landlord and tenant by clearly defining rental terms, rights, obligations, and consequences for any violations.

Should I be concerned about potential late payments?

Late payments can lead to financial and legal issues. It is essential to include penalties for delayed payments in the lease agreement and to regularly monitor rental payment schedules.

Contact us

Lawyer

Legal assistance is provided by advocate Anton Grinewich, Specialized Legal Bar No. 2 in Minsk.
E-mail

info@ambylegal.by
Address

Office: 1 Krasnaya str., Minsk, Republic of Belarus Postal address: 1 Krasnaya str., Minsk, Republic of Belarus
Working hours

Monday-Friday 9:00-19:00

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