A client, we have been providing legal assistance on various issues for\nmore than ten years to, appealed to us. \nAs we became aware, the Tenant, occupying our Client\u2019s premises since\n2006, ceased to properly fulfill its obligations to pay the rent from the\nbeginning of 2018. Moreover, the\ncreative workshop of our Client, who is a member of the Artists Union, was\ntransferred by the Tenant to an individual entrepreneur for use for 3,000 Euros\nper month without the consent and notification of its legal user.<\/p>\n\n\n\n
Previously, we repeatedly faced\ndisputes arising from rental relations, but this situation is interesting\nbecause the general director, the sole participant and guarantor of the company\nrenting our Client\u2019s premises is a French citizen who has the title of count.<\/p>\n\n\n\n
At the stage of pre-trial settlement of the dispute, we repeatedly\nnegotiated directly with the Tenant\u2019s head on his own initiative, as well as\nwith a representative of an individual entrepreneur who illegally occupies our\nClient\u2019s creative workshop, however, we did not receive any constructive or\nsuitable proposals from contractors.<\/p>\n\n\n\n
Among other things, our Client was not satisfied with the rental rate\nfor the use of his premises, set by the parties back in 2009 in the amount of\n9,000 Euros per month, which did not match the market prices for renting\nsimilar premises in 2018.<\/p>\n\n\n\n
These circumstances caused, firstly, our initiation of an independent\nassessment of the market value of the rental rate for using our Client\u2019s\npremises in 2018, and secondly, the sending of pre-trial claims to the Tenant\nand his illegal sub-tenant with a notice of a change in the rent to the market\nrates (more than 14,000 Euros per month according to the received evaluation\nreport), as well as with the requirement to vacate the premises 2 months after\nreceiving the relevant request.<\/p>\n\n\n\n
These requirements were ignored, in connection with which we appealed to\nPresnensky District Court of Moscow with a statement of claim for recovery of\nthe rent from the Tenant and its general director, who is the guarantor, as well\nas for the recovery of forfeit, unjust enrichment, expenses for paying the\nstate duty, recognition the lease terminated, invalidation of the sublease,\nrelease of the premises and creative workshop of our Client.<\/p>\n\n\n\n
In addition, at the same time, we appealed to the law enforcement\nagencies to check the actions of the Tenant\u2019s head for the presence of crimes\non the fact of arbitrariness and fraud, as the Tenant absolutely unreasonably\ndisposed of the creative workshop of our Client, handing it to a third party\nfor a fee.<\/p>\n\n\n\n
After accepting the filed claim,\nthe court ordered us to provide evidence of residence on the territory of the\nRussian Federation of the guarantor of the Tenant who is a foreign citizen, to\nmake sure that the Defendant is duly notified of the court case. We have filed the application for judicial\nrequests to various departments in order to obtain the necessary information,\nwhich allowed us to get information about the place of registration of our opponent\non the territory of Moscow from the Migration Department of the Ministry of\nInternal Affairs in Moscow as soon as possible.<\/p>\n\n\n\n
In addition, as part of an audit\nconducted by law enforcement agencies, representatives of the Tenant were\nquestioned, who confirmed the fact that our Client\u2019s creative workshop was\ntransferred to another person. The\nrelevant criminal case materials have become one of the main evidence in our\ncivil dispute.<\/p>\n\n\n\n
During the trial, the Defendants tried to confuse the court with false\ntestimonies, and also repeatedly filed applications to postpone the trial for\nfar-fetched reasons.<\/p>\n\n\n\n
On our part, both oral and\nwritten objections to the petitions and statements of the Defendants were\nstated, additional evidence was presented directly or indirectly confirming our\nclaims, and the court also called attention to the apparent abuse of material\nand procedural rights by the Defendants.<\/p>\n\n\n\n
For a full and comprehensive understanding of the real circumstances of\nthe case and a proper assessment of the documents and explanations submitted by\nus, the court required several court hearings, however, painstaking and\ndetailed preparation of the evidence base allowed us to justify our legal\nposition and reveal the true motives of our opponents.<\/p>\n\n\n\n
On December 20, 2018, Presnensky District Court of Moscow, having heard\nthe final explanations of the parties, refused our Opponents in another\npetition to postpone the court session and decided to satisfy our Client’s\nrequirements.<\/p>\n\n\n\n
Thus, in favor of our client,\nmore than 178,000 Euros were collected from the main debtor and guarantor,\nincluding ~ 115,000 Euros of debt, ~ 15,000 Euros of penalty, 60,000 Rubles.\nfor the expense of reimbursement of the paid state duty, as well as 48,000\nEuros of unjust enrichment in solidarity with an individual entrepreneur who illegally\noccupied a creative workshop.<\/p>\n\n\n\n
The court also recognized the\nlease agreement terminated the sublease agreement invalid and ordered our\nopponents to vacate the disputed premises and the creative workshop.<\/p>\n\n\n\n
It is worth noting that\njournalists of several media outlets followed the course of the legal dispute,\nand the comments of our lawyers on the legal nature of the presented claims\nwere repeatedly made public through television broadcasting, which the second\nparty strongly opposed.<\/p>\n\n\n\n
At the moment, we are awaiting\nthe entry of this court decision into legal force to institute enforcement\nproceedings in order to enforce the collection of funds and release the\nnon-residential premises of our Client.<\/p>\n\n\n\n
Y.S.Bulut, lawyer of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, prepared the\nlegal position on this case and represented the Defendant\u2019s interests in the\ncourt. <\/p>\n","protected":false},"excerpt":{"rendered":"
A client, we have been providing legal assistance on various issues for more than ten years to, appealed to us. As we became aware, the Tenant, occupying our Client\u2019s premises since 2006, ceased to properly fulfill its obligations to pay the rent from the beginning of 2018. Moreover, the creative workshop of our Client, who…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[111,140],"tags":[],"_links":{"self":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/33164"}],"collection":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/comments?post=33164"}],"version-history":[{"count":1,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/33164\/revisions"}],"predecessor-version":[{"id":33165,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/33164\/revisions\/33165"}],"wp:attachment":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/media?parent=33164"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/categories?post=33164"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/tags?post=33164"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}