Lawyers of MCBA “Bureau of Lawyers “De jure” helped the private educational institution “Classic boarding house of the Moscow State University named after M.V. Lomonosov” to return about 4 million rubles.

Having agreed with the legal position of lawyers of MCBA “Bureau of Lawyers “De jure”, the Arbitration Court of the Moscow District upheld the judicial acts of the courts of the first and appeal instances. The Defendant will have to return about 4 million rubles to the Client of MCBA “De jure” – the private educational institution “Classic boarding house of the Moscow State University named after M.V. Lomonosov”.

The pension rented premises from individual entrepreneur O.E.Novikova.  Under the terms of the contract, the Tenant made a guarantee payment in the amount of 3 900 000 rubles. After the termination of the contract, the Landlord was obliged to return the money, but did not do so.

Under the terms of the contract, the Landlord had the right to withhold the guarantee payment only if the contract was terminated on his initiative due to the presence of the Tenant’s debt. However, the Landlord took advantage of this right only after receiving a letter from the Tenant about the termination of the lease agreement, which was regarded by the Arbitration Court as an abuse of the right and unfair behavior, since the only purpose of such actions was to obtain unjustified enrichment.

By a court decision, the guarantee payment in the amount of 3 900 000 rubles and interest on the use of funds was recovered from the Landlord.

Head of MCBA “Bureau of Lawyers “De jure” N.V.Filippov, trainee lawyer R.K.Gitinov took part in forming the legal position on the case, preparing the statement of claim and responses to the Defendant’s complaints.

Trainees of lawyer R.K.Gitinov and M.A.Chernyshev represented interests of the private educational institution “Classic boarding house of the Moscow State University named after M.V. Lomonosov” in the courts.