Prolongation of quarantine measures against COVID-19 in Ukraine has many negative and mostly aggravating consequences for citizens. In particular, one of the most affected is the category of people who rent housing or rent business premises.
Due to the fact that almost a third of the population of Ukraine was forced to leave their jobs and isolate themselves at home without the opportunity to earn income, this led to problems such as inability to pay rent, which is directly typical for residents of such large cities as Kyiv, Lviv, Odesa, Dnipro, Kharkiv and others.
Considering this situation, it is necessary to refer to the provisions of the Civil Code of Ukraine (hereinafter – the Central Committee of Ukraine), which Article 762 enshrines the possibility of non-payment of rent for the entire period during which the property could not be used by the tenant. That is, persons who have temporarily moved from this rye to another place, due to forced self-isolation, for example, may not pay for such housing. However, it should be noted that if the tenant uses or can use the premises, this rule does not apply.
What to do to those who find themselves in a difficult situation, but are not exempt from paying for housing? In this case, Part 4 of Art. 762 of the Civil Code of Ukraine provides an opportunity for the lessee to demand a reduction in payment, if due to circumstances for which he is not responsible, the possibility of using the property has decreased significantly.
If we consider such a rule in practice, it is usually implemented through agreements between the landlord and tenant. Such an agreement may be oral, but we recommend that you do so in writing, such as an additional agreement, because in the case of unfair conduct of the landlord in the future, for example, in case of demanding additional payment, the difference between the amount You, as an employer, will be protected.
If you are not sure what to do or how to conclude an additional agreement, which it should provide, consult a lawyer who will help you, without undue loss, to protect your rights and interests.