What rules apply to rent increases during the period of...?

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… actions of the lease agreement?

22.06.2023 12:25 449

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Photo of sikorsky.y.o Yaroslav Sikorsky

The amount of rent can be changed only with the consent of the parties - unless otherwise specified in the law or in the contract. At the same time, such an agreement must be concluded in the same form as the lease agreement itself.

The lessor has the right to unilaterally increase the amount of the rent, if this is clearly stated in the contract.

The Supreme Court, in its ruling dated May 20, 2020, in case No. 914/1085/19, stated the following: "If, after the parties concluded the lease agreement, there was no significant breach of the agreement by the other party, no significant change in the condition of the lease object, nor was there a change centralized prices and tariffs, i.e. there were none of the grounds defined by the law and the contract for making changes to this contract, then there are no grounds for satisfying the claim for making changes to the real estate lease agreement."

In addition, I inform you that the inflationary processes that led to the general increase in prices; the growth of general production costs of the enterprise; raising the minimum wage are not considered by the courts as the need to amend the contract in connection with a significant change in circumstances (Decision of the Higher Economic Court of Ukraine dated August 20, 2008 in case No. 11/253).

22.06.2023 12:54

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