Publication date: 14.07.2024
Rights of real estate tenants: legal aspects, regulatory framework and practical recommendations
Renting real estate is a common practice among both individuals and legal entities. It is important for tenants to know their rights and obligations to protect their interests and ensure the stability of contractual relations. In this article, we will review the main legal aspects of protecting the rights of real estate tenants, the regulatory framework in Ukraine and provide practical recommendations for tenants.
Key legal aspects of protecting the rights of real estate tenants
The main legal aspects of tenant protection cover various areas, including the conclusion and execution of the lease agreement, lease terms, payment of rent, rights to use the leased property, ensuring the proper condition of the leased property, and resolution of disputes between the tenant and the landlord. Key legal aspects include:
Conclusion and execution of the lease agreement:
- The lease agreement is the main document governing the relationship between the lessor and the lessee. It should contain clear lease terms, rights and obligations of the parties, lease terms, payment procedure and liability for breach of obligations.
- It is important to ensure legal protection of the tenant's interests in case of non-fulfilment or improper fulfilment of obligations by the lessor.
Lease terms:
- The lease terms should be clearly defined in the agreement, including the lease term, the terms of use of the leased property, the procedure for amending the agreement and the procedure for its termination.
- It is important to provide for the possibility of prolonging the lease agreement for a new term by agreement of the parties.
Payment of rent:
- The tenant has the right to timely and full payment of rent in accordance with the terms of the lease agreement and the law.
- It is important to set out in the lease the procedure for payment of the rent, including terms, methods of payment and penalties for breach of payment terms.
Rights to use the leased property:
- The tenant has the right to use the leased property in accordance with the terms of the lease agreement and the law.
- It is important to ensure that the tenant is able to use the leased property without interference from the landlord or third parties.
Ensuring the proper condition of the leased property:
- The lessor is obliged to ensure that the leased property is in good condition at the time of its transfer to the lessee and to maintain it in good condition throughout the lease term.
- It is important to stipulate in the agreement the procedure for carrying out repairs and the obligations of the parties to maintain the leased property.
Dispute resolution between the tenant and the landlord:
- It is important to provide for dispute resolution mechanisms between the tenant and the landlord, including pre-trial procedures, mediation, arbitration and litigation.
- Determining the jurisdiction and applicable law for dispute resolution is an important aspect to avoid legal uncertainties.
Legal and regulatory framework for the protection of tenants' rights in Ukraine
The protection of tenants' rights in Ukraine is governed by a number of laws and regulations that establish the legal framework for entering into and performing lease agreements, lease terms, payment of rent, rights to use the leased property, maintenance of the leased property and resolution of disputes between tenants and landlords. The main legal and regulatory framework includes:
TheCivil Code of Ukraine:
- Defines the general legal framework for contractual relations, including the conclusion and performance of lease agreements, rights and obligations of the parties, payment and dispute resolution.
CommercialCode of Ukraine:
- Regulates business activities, including contractual relations between business entities, rights and obligations of the parties, and liability for breach of obligations.
Law of Ukraine "On Lease of State and Municipal Property":
- Defines the legal framework for the lease of state and municipal property, including lease terms, the procedure for concluding lease agreements, and the rights and obligations of the parties.
Law of Ukraine "On Protection of Consumer Rights":
- Regulates the relationship between consumers and service providers, including the protection of tenants' rights to receive quality services and compensation for damages in case of violation of their rights.
Law of Ukraine "On Housing and Communal Services":
- Defines the legal framework for the provision of housing and communal services, including the rights and obligations of consumers and service providers, payment procedures and liability for breach of contract.
Tax Code of Ukraine:
- Defines the procedure for taxation of real estate rental income and sets out requirements for tax reporting and payment.
International standards and agreements:
- Includes international standards and agreements governing real estate leasing, tenant protection and dispute resolution.
Practical recommendations for real estate tenants
In order to ensure effective protection of tenants' rights and compliance with the law, it is important to consider a number of practical recommendations. The main practical recommendations include:
Entering intodetailed lease agreements:
- Always enter into written lease agreements that set out the terms of the lease, the rights and obligations of the parties, the lease term, payment terms and liability for breach of obligations.
- Include provisions in the lease agreements that allow for the extension of the lease for a new term upon agreement of the parties.
Ensure timely and full payment of rent:
- Comply with the terms of the lease agreement regarding the payment of rent, including the terms and methods of payment.
- Notify the landlord in a timely manner of any delays or problems with payment to avoid sanctions.
Protect the rights to use the leased property:
- Ensure that you are able to use the leased property without interference from the landlord or third parties.
- Immediately notify the landlord of any problems or obstacles that arise during the use of the leased property.
Maintain the proper condition of the leased property:
- Ensure that you comply with the terms of the lease to keep the leased property in good condition.
- Carry out necessary repairs with the consent of the lessor and in compliance with the terms of the lease.
Resolvedisputes between the tenant and the landlord:
- Provide for dispute resolution mechanisms in the agreement, including pre-trial procedures, mediation, arbitration and litigation.
- Determine the jurisdiction and applicable law for dispute resolution to avoid legal uncertainties.So, whether you consult a lawyer or a lawyer's advice is irrelevant. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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