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"Rent wars": non-payment of rent often leads to conflicts
Цей матеріал також доступний українською3032
PHOTO: Intent
Today, many peasants face problems with non-payment of rent by tenants. In order to actually protect their rights in lease relations, landowners cannot do without legal assistance. Providing legal support to land share owners in the course of fulfilling lease agreements is one of the tasks of the USAID AgroInvest program, whose partner is the Odesa regional organization of the Committee of Voters of Ukraine. The practice of farmers seeking legal assistance at the organization's Law Center in Kotovsk fully justifies this priority.
For example, on February 22, 2013, during one of the field receptions of the Law Center of the Odesa regional organization of the Committee of Voters of Ukraine in Kotovsk, a citizen K. asked for a legal assessment of the provisions of the land lease agreement that the tenant offered to sign. Relations with the previous tenant did not work out - constant arrears of rent, payments of agricultural products not always of proper quality and even with delay. So, he had to wait for the contract to expire, otherwise "only through court," as the village council explained. During the reception, it was explained to Mr. K that, indeed, according to Article 651 of the Civil Code of Ukraine, a contract may be amended or terminated only by agreement of the parties, unless otherwise provided by the contract or law. The agreement may be amended or terminated by a court decision at the request of one of the parties in case of a material breach of the agreement by the other party and in other cases established by the agreement or law. It is also stated that termination of the land lease agreement is not allowed unilaterally, unless otherwise provided by law or the agreement. In this regard, after a detailed analysis of the essential terms of the land lease agreement, it was recommended that citizen K should provide for grounds for unilateral termination of the land lease agreement in the future. Such conditions, for example, may include: non-payment of the rent for more than three months; use of the land plot for other purposes than its intended purpose; sublease of the land plot without the written consent of the landlord. It is necessary to provide for payments under the agreement to be made purely in cash or in kind, but not more than 25 percent of the rent. According to the available information, the new tenant agreed to the terms of Citizen K, and the agreement was signed with the amendments recommended by the lawyers of the Law Center of the Odesa Regional Organization of the Committee of Voters of Ukraine in Kotovsk.
The activities of the Law Center of the Odesa Regional Organization of the Committee of Voters of Ukraine in Kotovsk in the field of land rights protection are carried out within the framework of the partnership project of the Kherson Regional Organization of the Committee of Voters of Ukraine "Land Rights: Counseling, Advocacy and Vivid Education", with the financial support of the USAID AgroInvest project.
Viktor Zuev
Kotovsk organization of the Committee of Voters of Ukraine
