Subject of the dispute: recovery of rent arrears under a real estate lease agreement.
Main arguments of the court:
1. The lease agreement dated 02.01.2018 was not declared invalid in court, therefore it continues to be in effect.
2. In accordance with current legislation, if the tenant continues to use the property after the expiration of the contract, and the landlord does not object within a month, the contract is considered renewed on the previous terms.
3. There is no evidence in the case of the return of the leased property to the landlord, instead there is evidence of continued use of the property, which indicates the extension of the contract.
Court decision: to uphold the decisions of previous instances on recovering rent arrears in the amount of 1,750,000.08 UAH from PE “Roma” in favor of JV “Tristalko”.
