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A recently enacted law aimed at countering the COVID-19 outbreak and its effects sets out additional measures providing for protection of tenants of real estate.
In relation to real estate lease contracts concluded before the introduction of a high alert or emergency regime by the respective local authorities (e.g., in Moscow, a high alert regime was introduced on March 5, 2020, by a Decree of the Mayor of Moscow), tenants are granted the right to demand from landlords the conclusion of an additional agreement providing for a deferment of payment for the rent stipulated in 2020. This additional agreement shall be concluded within 30 days from the respective request of the tenant. At the same time, requirements regarding specific conditions and the timeline of deferment are to be clarified by the Government of the Russian Federation in a separate act.
Moreover, tenants of real estate are granted the right to demand a reduction of rent in the period of 2020 due to the inability to use property caused by a high alert or emergency regime. However, the newly adopted law neither stipulates for the exact amounts to be reduced, nor sets criteria for the calculation of such reduction. Thus, as of now with respect to the calculation of the reduction, the situation remains ambiguous, as several different interpretations may apply.
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This document reflects the status as of April 6, 2020. This document is for informational purposes only and may not be considered a legal opinion or advice.