June 9 Main results of the day

The Moscow City Arbitration Court satisfied the claims of the Principal of the Bureau of Lawyers “De jure” for the recovery of the amount of rent arrears in the amount of more than 500 thousand rubles, as well as a penalty in the amount of 0.2% of the amount owed per day until the date of actual payment of the debt. As part of the dispute, it was possible to prove that the Defendant’s reference to a change in the amount of rent is untenable, and the Defendant’s argument about the unfavorable situation associated with the spread of a new coronavirus infection in connection with the introduced self-isolation regime is not a reason for releasing him from paying rent. The unfavorable situation that has arisen is his entrepreneurial risk, which, by virtue of the general provisions of the Civil Code of the Russian Federation, does not exclude the obligation to fulfill the assumed contractual obligations. In addition, the Defendant’s reference to witness testimony in support of the argument about the release of the rented premises and the transfer of the keys from the premises to the Principal is also declared untenable. The Defendant was also denied the satisfaction of the petition to reduce the penalty, since otherwise it would have meant encouraging the Defendant to further non-payment of the debt collected by judicial acts and would have violate the balance of interests of the parties. The Principal’s legal support was provided by Irina Novikova, senior lawyer of the Bureau of Lawyers “De jure”.