Resolution of economic disputes arising during the performance of real estate lease agreement

Abstract

At the present stage of development of the market economy in Ukraine, the role of non-residential real estate lease of various forms of ownership has increased significantly as part of the activities of many businesses, which largely meets their basic need for property. During the crisis, the number of commercial disputes related to the lease of real estate increased significantly, but the jurisprudence to resolve them remains different, in particular, given the conflict of law on lease.
 Disputes related to breaches of leases (non-performance or improper performance) are the most numerous of all disputes arising out of a lease. These commercial disputes are mostly dominated by property lawsuits, such as rent and penalty arrears, penalties for late return of leased property, the value of inseparable improvements, losses, fees for the actual use of property, as well as lawsuits for the obligation to take certain actions. (Encouragement to take property for rent, vacate the occupied premises with their transfer by deed, etc.).
 Commercial disputes over damages caused by breaches of obligations by the parties under a real estate lease have recently become the subject of litigation. These disputes can be divided depending on who is the initiating party - the landlord (owner) or tenant. The most common in this category are claims of the owner of real estate for damages in the form of unearned income, and despite the difficulty of proving the plaintiff's validity of their claims in commercial litigation.
 Judicial practice shows that in most cases it is difficult for a tenant in the business process to prove the impossibility of actual use of non-residential premises, while the acceptance of the leased object went unnoticed its shortcomings that exclude or significantly limit the use of property for its intended purpose.