A foreign company or a non-resident individual may lease or lease real estate in Belarus. Relations with tenants and landlords do not always go smoothly. Disputes and disagreements may arise regarding the repair of real estate, payment of rent, refusal to vacate the rented premises, etc. When resolving such disputes, the services of a lawyer who specializes in disputes related to real estate and rent are required.
What disputes most often arise in connection with the rental of real estate
1. The contract did not specify the real estate object
According to the requirements of the Belarusian legislation, it is necessary to specify the object that is being leased in the real estate lease agreement. In particular, its address, area, and purpose must comply with the technical documentation for real estate. When, for example, the contract specified the area of the real estate object less than in the technical passport and did not specify the reasons, the court may recognize such an agreement as not concluded.
It is possible to specify the real estate object that is being leased not only in the contract. This can be done in the transfer act, in the plan of the premises, which refers to the annexes to the lease agreement, etc. The plans and diagrams that are attached to the lease agreement must show the actual location where the property is located.
2. The new owner of the property requires the tenant to leave
It may happen that the owner of the property, which is rented by a non-resident, changes. The new owner may require the tenant to vacate the building or premises. Such requirements are not based on legislation. If we are talking about public real estate, tenants who have been renting this property for more than three years have a preferential right to purchase it at market value.
3. Disputes related to rent arrears
Such disputes arise when the tenant does not pay rent and utility bills, that is, becomes the debtor of the landlord. In this situation, the landlord can act in various ways to collect the debt:
- If the landlord company is a taxpayer in Belarus, you can submit information about debtors, including the debtor of the rent, to the tax inspectorate. In this case, the tax inspectorate will collect the amount of taxes from the lessor from the debtor.
- In case of an undisputed claim, the landlord may apply to a notary for an executive inscription, which will be an executive document for debt collection from the tenant.
- In the event of a dispute, the landlord needs to prepare for legal proceedings.
4. Disputes related to the renovation of leased real estate
Tenants can renovate a property without the consent of the landlord and then demand that the repair costs be included in the rent bill. In this case, disputes may arise when the landlord considers such expenses unnecessary or unjustified.
Tenants may refuse to participate in the renovation of a building in which they rent separate premises. In this case, disputes with the advertiser are also possible. It is easier to prevent such disputes before the repair begins. To do this, you need to agree in advance on the procedure for repair and reimbursement of expenses for each of the parties to the lease agreement.
In the event of such a dispute, each of the parties needs the services of an experienced lawyer.
5. Disputes about the return of property after the termination of the lease agreement, about the eviction of the tenant of their rented premises
Such disputes usually arise after the termination of the lease agreement or in the case when the tenant does not pay the rent and does not vacate the premises. In such cases, the landlord needs a competent lawyer to sue the tenant.
Other disputes in the field of real estate rental, in the resolution of which we can represent your interests
Disagreement with the terms of the lease agreement
There is often disagreement about the terms of the lease agreement. This may be related to the amount of rent, the terms of use of the property, the terms of the lease and other aspects.
Refund of collateral or security payment of private clients
There may also be disputes related to the return of collateral or security payment, compliance with the rules of operation of real estate or repairs, as well as recalculation of rent against the background of changing circumstances.
Termination of the lease agreement
Disputes may also arise regarding the termination of the lease agreement, including issues related to the seizure of property by the landlord due to non-payment of rent or violation of the terms of the lease agreement.
Dispute resolution procedure
Pre-trial and judicial procedures are used to resolve disputes related to the rental of real estate in Belarus. The tenant and the landlord can settle the dispute before the court or apply to the court with a statement of claim.
Mandatory pre-trial procedure
In disputes involving companies and individual entrepreneurs, the pre-trial dispute settlement procedure is mandatory. This means that before sending documents to the court to recover the amount of the debt, you need to submit a written claim to the company or individual entrepreneur – an offer for voluntary payment of the debt or fulfillment of other obligations under the lease agreement.
How we can be useful in resolving disputes arising from a real estate lease agreement
Our lawyers and attorneys are experienced specialists in the field of dispute resolution related to real estate lease agreements and speak English. We can:
- Advise you on your situation in the field of real estate rental;
- Develop a strategy of behavior in a controversial situation;
- Prepare documents for sending to the tenant or landlord for pre-trial settlement of the dispute;
- Represent your interests in negotiations for the resolution of a dispute over the rental of real estate before the court;
- Prepare documents for the notary to make an executive inscription under the lease agreement;
- Prepare and send to the court a statement of claim and a package of documents to resolve the dispute from the real estate lease agreement;
- Represent your interests in court when resolving a dispute from a real estate lease agreement.
Contact us
If you have any questions in the field of dispute resolution arising from real estate lease agreements — we will be happy to help you! Our long-term experience in the field of dispute resolution in the field of rental real estate will help you in resolving any situations and disputes.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
