Restriction of access to rental premises in case of debt

[Бедеров Игорь Сергеевич]

Restriction of access to rental premises in case of debt.

Ladies and gentlemen!

Please answer the following question. It relates to restrictions on access to the leased premises. The tenant owes payment under the lease for 3 months. The letter from the landlord indicates the requirements to pay the debt for 3 months and even fines, greater in amount than the debt for the month !!! It also contains requirements for the Security Council to restrict access to the premises, with concretization in oral conversation - to expel everyone from there and seal the premises. I think such actions are illegal, because the lease was not terminated, and the tenant may also file a counterclaim.

I would like to hear your opinions !!!

 

[частный детектив Магнитогорск]

Look for the answer in the contents of the lease

 

[Детективное агентство Москва.]

In my opinion, the contractual relationship provides for the rights and obligations of the two parties and we must look at what is written in the contract. It should also stipulate penalties and the actions of the lessor in the event that the tenant does not pay the rent. This is if the relationship is in the legal field, but in life - I am the owner of the premises and what I want, then I create. If the situation is deadlock and the tenant feels the strength in himself, then it seems to me a direct road to a lawyer and to the court.

 

[Частный детектив Воронеж]

Carefully read the terms of the contract, honestly I do not see judicial prospects with the tenant.

 

[Детективное агентство. Мангуст. Уфа.]

Good afternoon, colleague! Firstly, interest is charged if they are prescribed in the contract. If not, then by court order in an amount multiple of the refinancing rate of the Central Bank of the Russian Federation. Secondly, they are not entitled to restrict access if the lease agreement is not broken and nothing is written about this moment. They want to restrict access - only by court order.

 

[Детективное агентство. Барс. Нижний Новгород.]

My friend! I will answer you tomorrow in full with all the principles! For now, I'm sorry! No time!

 

[detektyvas]

I don’t know the Russian civil (possibly called a civil) code, we have the article Rent, it contains the rights and obligations of the parties, the conclusion and termination of the contract, the conditions of the warning (written, conditional, etc.), the terms. The contract is not all , there is a code where the court will always adhere to them, and of course, we must first of all look at what the parties agreed on in the contract. At the expense of the penalty fee, the penalty interest cannot exceed the amount of the debt.

 

[Игорь Коракс]

I agree with my colleagues, the answer must be carefully looked for in the content of the contract, the rest is already in the order of civil law relations. Sorry in Russian law is not strong.

 

[detektyvas]

Everything is correct Civil Code of the Russian Federation
Section 619. Early termination of the contract at the request of the lessor
At the request of the lessor, the lease may be terminated early by the court in cases where the lessee:
1) uses property with a significant violation of the terms of the contract or the appointment of the property or with repeated violations;
2) significantly impairs property;
3) more than two times in a row upon the expiration of the payment term established by the contract, does not pay the rent;
4) does not carry out capital repairs of the property within the time periods established by the lease agreement, and in the absence of them in the agreement within a reasonable time in those cases when, in accordance with the law, other legal acts or the agreement, the overhaul is the responsibility of the tenant.
The lease agreement may also establish other grounds for early termination of the agreement at the request of the lessor in accordance with paragraph 2 of Article 450 of this Code.
The lessor has the right to demand the early termination of the contract only after a written warning to the lessee about the need to fulfill the obligation within a reasonable time.

Section 620. Early termination of the contract at the request of the tenant
At the request of the tenant, the lease may be terminated early by the court in cases where:
1) the lessor does not provide property for use to the lessee or creates obstacles to the use of property in accordance with the terms of the contract or the purpose of the property;
2) the property transferred to the lessee has disadvantages that impede its use, which were not agreed upon by the lessor at the conclusion of the contract, were not known to the lessee in advance and should not have been discovered by the lessee during the inspection of the property or its condition in the conclusion of the contract;
3) the lessor does not carry out the overhaul of the property, which is his duty, within the time periods established by the lease agreement, and in the absence of them in the agreement within a reasonable time;
4) property due to circumstances for which the tenant is not responsible, will be in a condition unsuitable for use.
The lease agreement may also establish other grounds for early termination of the agreement at the request of the tenant in accordance with paragraph 2 of Article 450 of this Code.

 

[detektyvas]

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