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
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
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
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.
Properly leasing real estate involves preparing the property, setting a market-appropriate rental price, drafting a clear lease agreement, and thoroughly screening potential tenants.
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.
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.
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.
A lease agreement provides legal protection for both the landlord and tenant by clearly defining rental terms, rights, obligations, and consequences for any violations.
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
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LawyerLegal assistance is provided by advocate Anton Grinewich, Specialized Legal Bar No. 2 in Minsk.
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E-mail
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AddressOffice: 1 Krasnaya str., Minsk, Republic of Belarus Postal address: 1 Krasnaya str., Minsk, Republic of Belarus
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Working hoursMonday-Friday 9:00-19:00
