As a landlord and tenant, you can protect yourself by making a deal under martial law.
In Ukraine, there is a new wave of evacuation to the west from the eastern and southern regions of Ukraine, where active hostilities are taking place. The popularity of renting apartments and houses in Lviv, Uzhgorod and Ternopil is growing, we found out how the owner of the property and the tenant can protect themselves by concluding a deal under martial law, reports the Chronicle.info with reference to Focus.
Just in case: how insurance for the landlord
The war did not bring many changes for landlords, says Dmitry Gribov, lawyer and adviser to the law firm «Ilyashev & Partners». Of course, we are talking about legal details, since the rental market has changed significantly — in some cities it simply froze, while in others it became more active, as a result of which rental rates increased by 2-4 times.
«Today, nothing has changed for the owner, except for two things. The first is the safety of the property and its condition. Secondly, a situation may arise, as a result of which hostilities will be transferred to other regions. In these two aspects, the landlord must take some additional measures to protect himself», the lawyer believes.
The Chamber of Commerce and Industry of Ukraine (CCI) in an official letter of February 28 recorded the effect of force majeure circumstances or force majeure.
But if we are talking about new contracts, then the participants in the transaction already knew about the martial law and will not be able to refer to this letter from the Chamber of Commerce and Industry.
To reduce potential risks or misunderstandings (primarily for the landlord), < strong>participants of the transaction should clearly write out what situations they will consider force majeure, due to which the further use of housing as a rented one will be virtually impossible, recommends Dmitry Gribov.
According to him, under force majeure conditions, the tenant will have the right to apply to the landlord with a demand to reduce the rent or even cancel it for a while. For example, the reason to refer to force majeure may be a government statement with a recommendation to evacuate from the region or locality.
«The parties themselves can agree which cases will be considered such in which the contract can be suspended from — due to force majeure circumstances. The law does not provide an exclusive list of such circumstances», Gribov emphasized.
If the landlord has concerns about the tenants and their solvency, the lawyer recommends taking, in addition to the advance payment and payment of the last month, additional cash guarantees, which can become compensation in case of property damage, and in addition, a psychological barrier for unscrupulous renters.
«In addition to the lease agreement, you can conclude an acceptance certificate with a clear description of the property that is being transferred for use, so that in the future there will be no questions about what property was transferred, in what condition — and in what condition it will need to be returned& #187;, — explained the lawyer.
How to check the documents under the lease agreement: recommendations for tenants
In Ukraine, under martial law, access to the registers of the Ministry of Justice is limited. Therefore, check the homeowner using the application or the telegram bot «Opendatabot» will not work, says Dmitry Gribov. He urges tenants to be as vigilant as possible.
«I would recommend looking at the title documents and, if possible, at least making copies or photographing. It is necessary to clearly spell out all the details of the title documents of the owner in the lease agreement. Since it is impossible to verify the authenticity of the power of attorney, it is worth concluding a lease agreement directly with the owner of the property,” says the lawyer. In other words, lawyers do not recommend sublease — when the apartment lease agreement is signed not with the owner, but with the tenant who previously signed the agreement with him. documents will be issued by the owner if the payment is in cash.
«It is very important for the tenant to prescribe the procedure for terminating or renewing the contract. So that the landlord does not have any reason to conclude other agreements behind the back of the tenant, and to evict him himself. I would recommend providing for penalties for such actions», sums up Gribov.
Six tips for those who want to rent an apartment during the war