As a support measure for tenants and tenants, on 27 March 2020 the Federal Council adopted the regulation to mitigate the effects of the coronavirus in rental and leasing (COVID 10 Regulation, hereinafter “Regulation”). This Regulation, in force since 28 March 2020, shall apply until 31 May 2020. It sets, among other things, the additional period for tenants and tenants in the event of late payment of 30 to 90 days (rental interest) and 60 to 120 days (rental interest). The Regulation applies to leases and leases for residential and commercial premises. Step 1 – Try to make a deal Tenants, property owners, and landlords should first try to work together and negotiate changes to a lease. The quarantine situation in the context of a contractual relationship is often referred to as a case of force majeure, which is why let`s see if such a conclusion is reasonably taken. Force majeure is governed by Article 6.212 of the Lithuanian Civil Code, the first part of which provides that a party is not liable for non-performance of the contract if that party demonstrates that its obligations cannot be fulfilled due to the following circumstances: it will take longer to obtain a final judgment. z.B. a reduction in rent during an epidemic, but a tenant can request a guarantee in the form of z.B.
a prohibition to terminate the contract, to use the security of the rent (bank guarantee, deposit or declaration of voluntary submission to execution), despite the absence or incomplete payment by the tenant. At present, the courts are working, albeit to a limited extent, and the guarantee is guaranteed. The foregoing implies that there is no special regime for the execution of rental agreements, in particular with regard to: (1) the tenant violates the rental agreement or the rules of use of the premises, or these clauses generally stipulate that, in case of written notification to the other party, the corresponding obligation is suspended during the continuation of the case of innocence caused and that this party of any liability during this period. In the event that a rental agreement includes a force majeure clause, the specific conditions of the force majeure clause determine whether the tenant is entitled to a reduction in the rent to be paid or to a payment. Leases generally include exclusion clauses whose purpose is to exclude certain rights or liabilities that are normally in the hands of the parties. . . .