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The landlord raises the rent unilaterally. How can you help a tenant? (Tkachenko G.)

Every tenant runs the risk of being in a situation where the landlord raises the rent. It is not always clear how to act correctly in such a case and how to behave as a tenant. In this article, we will describe in detail what a tenant needs to do in this situation and how to avoid eviction.

○ Increase the rent, the apartment is rented without a contract.

If a written contract was not drawn up when moving into a rented apartment, this gives a certain freedom to each party to the transaction. So, the landlord has the right not only to increase the rent, but also to change the terms of its payment. If disputes arise in such a situation, it is only possible to reach an agreement through negotiations, because the landlord can evict if they refuse.

○ Increase the rent, the apartment is rented under a contract.

✔ Unilateral payment increase.

If the possibility of increasing is not spelled out in the contract, the owner cannot increase it without the consent of the landlord.

  • "Unless otherwise provided by the contract, the amount rent may be changed by agreement of the parties within the time limits stipulated by the agreement, but not more than once a year. The law may provide for other minimum periods for revising the amount of rent for certain types of lease, as well as for the lease of certain types of property (clause 3 of article 614 of the Civil Code of the Russian Federation).

However, it should be borne in mind that in this case there are also restrictions for the landlord. So, if the contract states that payment is made in hard currency, the owner cannot establish the payment procedure on the basis of other conditions.

In this case, the tenant has the right to refuse such an increase and this will not be the basis for terminating the agreement.

✔ How can the landlord raise the rent?

In a legal way and in the presence of a concluded agreement, the owner can increase the payment for accommodation in one of the following ways:

  1. Get the tenant's consent and put the agreement in writing. The peculiarity of this method is the need to obtain consent, without which it is impossible to draw up a document regulating changes in payment.
  2. Provide in the agreement at its conclusion the possibility of unilateral increase from a certain date. In this case, the consent of the tenant is not required, but it is necessary to send him a notice of the planned changes in payment. At the same time, it is required to prescribe in the notice, after which period the amount of payment will be considered changed. If you skip this paragraph, the size will be considered changed from the moment the notification is received.
  3. Include in the agreement an automatic rent increase at the end of one calendar year of the lease. No notice to the tenant is required here, but the condition should be as clear as possible.

If the tenant does not agree with such an increase, he can challenge it by filing a lawsuit in court. Refusal to be raised cannot be grounds for eviction.

○ How to protect yourself from pay increases.

To avoid a rent increase, the tenant must carefully read all the clauses of the contract when signing it. It is also important to discuss any contentious issues that may cause conflicts in the future.

But it should be borne in mind that if the agreement does not indicate the possibility of changing the amount of the rent, the landlord is not entitled to increase it without the consent of the tenant. If the owner still insists, then in this case, you can protect your rights by filing a lawsuit to invalidate the changes in payment in the agreement. In this case, it is necessary to attach a contestation of the report on the market value, which is prepared by the lessor.

However, one should be prepared for the fact that if the change in market value is recognized as valid, the demand for an increase in payment will be satisfied.

○ Landlord evicting for refusing to raise rent.

The owner of the apartment can do it arbitrarily only in the absence of a lease agreement. In the presence of a concluded agreement, only the employer can terminate it ahead of schedule. The owner needs to apply to the judicial authorities for this. Therefore, refusal to pay a large amount cannot be considered grounds for terminating the contract and evicting from the apartment without a corresponding court decision.

The employer can also apply to the court, on the basis of non-compliance by the owner with the obligations stipulated by the agreement.

Thus, maximum care and caution should be exercised when concluding a lease agreement. In this case, it is especially important to take into account the possibility of the owner to increase the payment for accommodation.

The landlord raises the rent unilaterally. How can you help a tenant? (Tkachenko G.)

Article placement date: 09/03/2015

Tenants, when signing a lease, do not always pay due attention to the phrase that "the landlord can unilaterally increase the rent due to the appreciation of the dollar or changes in the market value of the lease." But they do not take into account that as a result, the cost of rent may ultimately increase exactly twice, or even more. What a tenant can do if a lease has already been signed and a notice of a rent increase has been received from the landlord will be discussed in this article.

WHAT SHOULD THE RENTER HAVE TO KNOW?

1. In paragraph 11 of the information letter of the Presidium of the Supreme Arbitration Court Russian Federation dated January 11, 2002 N 66 "Overview of the practice of resolving disputes related to rent" clarified that "when applying paragraph 3 of Article 614 of the Civil Code of the Russian Federation, the courts must proceed from the fact that the term of the contract, providing for a firm the amount of the rent or the procedure (mechanism) for its calculation.
If the contract includes a condition providing for the possibility of changing the amount of rent more often than once a year, such a condition could be considered void, referring to paragraph 3 of Article 614 of the Civil Code of the Russian Federation. For example, I will quote the Determination of the Supreme Arbitration Court of the Russian Federation of February 21, 2011 N VAC-9525/10 in case N A75-10558/2009:
"... in accordance with paragraph 3 of Article 614 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), the amount of rent, unless otherwise provided by the agreement, may be changed by agreement of the parties within the time periods stipulated by the agreement, but not more than once a year. The law may other minimum periods for reviewing the amount of rent for certain types of lease, as well as for the lease of certain types of property, should be provided.
In addition, in accordance with paragraph 11 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation of January 11, 2002 N 66 "Review of judicial practice in resolving disputes related to rent", paragraph 3 of Article 614 of the Civil Code of the Russian Federation contains an imperative rule regarding the frequency of changes in the amount of rent, in connection with which the parties cannot change or establish in the contract a condition that differs from that provided for by this rule. Therefore, the condition of the contract, which provides for the possibility of a quarterly change in the amount of rent, is void by virtue of Article 168 of the Civil Code of the Russian Federation as not in accordance with the law ... "
However, later the Plenum of the Supreme Arbitration Court of the Russian Federation in Resolution No. 73 of November 17, 2011 "On Certain Issues of the Practice of Applying the Rules of the Civil Code of the Russian Federation on a Lease Agreement" indicated in paragraph 21:
"... by virtue of paragraph 3 of Article 614 of the Civil Code of the Russian Federation, unless otherwise provided by the agreement, the amount of the rent may be changed by agreement of the parties within the time periods stipulated by the agreement, but not more than once a year (in this case, other minimum periods may be established by law revision of the amount of rent for certain types of lease, as well as for the lease of certain types of property).
This norm is dispositive and allows changing, by agreement of the parties, the terms of the lease agreement on the amount of rent more than once a year, including in the case when there is no indication of the possibility of such a change in the lease agreement itself.
However, if, in accordance with the law or the agreement, the lessor has the right to unilaterally change the amount of rent (Article 310 of the Civil Code of the Russian Federation), then, within the meaning of paragraph 3 of Article 614 of the Civil Code of the Russian Federation, such a change can be made by him no more than once a year ... "
Thus, the landlord received the right to unilaterally change the amount of the rent, but once a year. I will stick with the decision Arbitration Court of the Moscow District dated January 20, 2015 N F05-15294 / 2014 in case N A40-54476 / 14:
"... in accordance with paragraph 6.1 of the agreement, taking into account the provisions of the lease agreement concluded between the parties on December 28, 1993 N 2720/17, the rental rates for the premises are not subject to change until December 31, 2011, except as provided for in paragraphs 6.5, 6.6 of this agreement.
The landlord has the right to change the rental rates specified in this agreement in the event of a centralized change in prices and tariffs for utilities, basic rental rates for land, property taxes, turnover taxes, in proportion to the amount of their increase, but not more than once a year ( clause 6.5 of the agreement).
The courts found that the plaintiff repeatedly told the defendant about a different increase in the rental rate with a detailed calculation and an additional agreement, to which the latter did not agree, in connection with which the plaintiff filed this claim for amendments to the terms of the contract N 20/155 dated 23.07.2008 in terms of rental rates.
The court, having examined and evaluated the evidence available in the case, including the terms of contract No. 20/155 dated July 23, 2008, concluded that there were no grounds for the change in rental rates claimed by the plaintiff in accordance with Article 614 of the Civil Code of the Russian Federation, taking into account the circumstances that from 01/01/2014 the rental rate has been increased from 3872.04 rubles. up to 4015 rub. for 1 sq. m per year for office space and from 3002.59 rubles. up to 3113.94 rubles. for 1 sq. m per year for warehouse space.
... Contradictions in the conclusions of the court of this legal position, as well as an incorrect interpretation by the court of the norms of substantive law in this case, the judicial board does not find ... "
2. Separately, I will note the lease agreements concluded for up to a year. Judicial practice has developed a position according to which the rent under an agreement concluded for a period of less than one year (equal to one year) is not subject to change. For example, the Determination of the Supreme Arbitration Court of the Russian Federation dated 08.27.2009 N VAS-10734/09 in case N A12-15393/08-C28:
"... while satisfying the claim, the courts reasonably proceeded from the provision of Article 614 of the Civil Code of the Russian Federation that the tenant is obliged to pay a fee for the use of property (rent) in a timely manner.
In accordance with paragraph 3 of Article 614 of the Civil Code of the Russian Federation, unless otherwise provided by the agreement, the amount of the rent may be changed by agreement of the parties within the time periods stipulated by the agreement, but not more than once a year.
Since the lease was concluded for a period of less than a year, the amount of the rent could not be changed.
Based on the terms of the contract, the court of appeal rightfully changed the decision of the court of first instance and recovered the amount of the debt based on the amount of rent agreed by the parties at the time of the conclusion of the contract ... "
I will also cite as an example the Decree of the FAS of the Ural District of July 21, 2010 N F09-5670 / 10-C6 in case N A71-14477 / 2009:
"... the Glavryba company (tenant) and the Aikai company (subtenant) signed a real estate sublease agreement dated April 1, 2009 N 310/2009, according to which the first floor was transferred to the Aikai company for temporary possession and use non-residential premises with an area of ​​381.9 sq. m, located at the address: Udmurt Republic, Votkinsk, st. Ordzhonikidze, 4b, for a period from 04/01/2009 to 12/31/2009 inclusive for the organization of trading activities.
In a letter dated 08.06.2009 N 162, the Glavryba company informed the Aikai company about the increase in the rent from 01.05.2009 to 161,565 rubles. 60 kop.
Since the debt and penalties were not paid by the company "Aikai" in full, the company "Glavryba" filed a claim with the arbitration court on the case under consideration.
Having studied and evaluated in the aggregate in the manner prescribed by Art. 71 of the Arbitration Procedure Code of the Russian Federation, the evidence available in the case file, the courts came to a reasonable conclusion that the presence and grounds for the emergence of the defendant's debt to the plaintiff were confirmed. At the same time, the courts indicated that changing the amount of rent under the disputed agreement after two months from the date of its conclusion contradicts paragraph 3 of Art. 614 of the Civil Code of the Russian Federation, on the basis of which, taking into account the payments made by the Aikai company, the debt of the Aikai company was recalculated ... "

1. Even if an agreement is signed between the parties to the lease agreement on increasing the rent under an agreement concluded for a period of up to a year or on changing the rent for the second time in a year, such an agreement may be recognized as void. For example, the Decree of the Federal Antimonopoly Service of the Volga-Vyatka District of November 19, 2009 in case N A11-2018/2009:
"... in accordance with Article 614 of the Civil Code of the Russian Federation, the tenant is obliged to pay a fee for the use of property (rent) in a timely manner. The procedure, conditions and terms for paying rent are determined by the lease agreement (part 1 of this article).
Unless otherwise provided by the contract, the amount of the rent may be changed by agreement of the parties within the time limits stipulated by the contract, but not more than once a year (Part 3 of the same article).
Due to the fact that civil law changes in the rent are allowed no more than once a year, the court rightfully recognized as null and void (contradictory to the current legislation) Protocol No. increased for the second time in a year. Therefore, there has been no increase in rent since November 15, 2008, and OAO Saratovstroysteklo did not have the right to demand termination of the lease agreement unilaterally. Consequently, the lease agreement, as amended by the additional agreement to it dated 10/12/2008 N 5, continues to be valid until 12/31/2009.
There are no grounds for canceling the appealed judicial acts on the grounds given in the cassation appeal ... "
2. The tenant may refer to the fact that a unilateral increase in the rent by the landlord is an abuse of the right.
This statement is confirmed by the Decree of the Plenum of the Supreme Arbitration Court of the Russian Federation of November 17, 2011 N 73 (as amended on January 25, 2013) "On Certain Issues in the Practice of Applying the Rules of the Civil Code of the Russian Federation on a Lease Agreement", clause 22:
"... if, in the absence of state regulation of the rent, the lease agreement provides for the right of the lessor to unilaterally change its size, then in cases where it is proved that as a result of such a unilateral change, it has increased disproportionately to the change in the average market rates paid for the lease of similar property in this area for the relevant period, and significantly exceeded them, which indicates the abuse of the landlord's right, the court, on the basis of paragraph 2 of Article 10 of the Civil Code of the Russian Federation, refuses to collect rent in the part exceeding the named average market rates ... "
As an illustrative example, the Resolution of the Arbitration Court of the East Siberian District of August 20, 2014 in case N A10-1405 / 2013:
"... as follows from the case file, the plaintiff substantiated the unilateral increase in rent by the data of the report of ARTOKS LLC "On the assessment of the market value of the appraisal object" dated 08.20.2010 N 143 / 42-10 / 2.
Considering the dispute and evaluating the said report in accordance with the rules of Article 71 of the Arbitration Procedure Code of the Russian Federation, the court established the use of false information about the characteristics of the leased premises and the violation by the appraiser of the requirements of the Law on Appraisal Activity and federal valuation standards, and therefore did not take into account the market the cost of the appraisal object is the annual rent for 1 sq. m of storage space, equal to 1884 rubles without VAT.
On the basis of report N 617 on the assessment of the market value of the value of the rent of real estate, conducted by the appraiser LLC "Property Fund of the Republic of Buryatia" Sluginova O.L. according to the ruling of the Arbitration Court of the Republic of Buryatia, the court of first instance established the actual market value of the right to use the disputed premises on a lease basis.
The results of this assessment were not challenged by the persons participating in the case, and no discrepancy between this report and the requirements of the current legislation was revealed.
In accordance with paragraph 22 of the Decree of the Plenum of the Supreme Arbitration Court of the Russian Federation dated November 17, 2011 N 73, if in the absence of state regulation of rent, the lease agreement provides for the right of the lessor to unilaterally change its size, then in cases where it is proved that as a result of such unilateral change, it increased disproportionately to the change in the average market rates paid for the lease of similar property in the given area for the corresponding period, and significantly exceeded them, which indicates the abuse of the landlord's right, the court, on the basis of paragraph 2 of Article 10 of the Civil Code of the Russian Federation, refuses to recover the rent in the part exceeding the named average market rates.
Based on the foregoing, having established that as a result of a unilateral change in the annual rent by the plaintiff, the rent increased disproportionately to the change in the average market rates paid for the lease of similar property in the given area for the corresponding period, and significantly exceeded them, the arbitration court correctly resolved the dispute by recovering the debt in the amount of a certain market value of the lease of the disputed property and refusing to satisfy the claim ... "
3. If you are just about to sign a lease and your landlord insists on his right to unilaterally change the rent, then try to stipulate in the contract the limits for changing the cost of the fee or the procedure for calculating the rent when it increases. For example, like this: "The amount of rent can be increased by the landlord unilaterally, but not more than ___% of the amount of rent specified in clause ____ of this agreement."
Otherwise, the landlord has the right to increase the rent by any amount.
Resolution of the Federal Antimonopoly Service of the North-Western District of January 28, 2010 in case N A05-7679 / 2009:
"... it follows from paragraph 3.1 of the agreement that the amount of rent can be increased by the lessor unilaterally in the event of an increase in tariffs for the use land plot on which the building is located, in proportion to the area of ​​the leased premises, as well as an increase in tariffs for utilities and other expenses, including for water supply, sewerage, heat supply and electricity.
The courts established and the defendant does not dispute that the tariffs for water supply and sanitation, for thermal energy, electricity were increased compared to 2008, in connection with which the lessor's expenses for paying utility and maintenance services increased accordingly.
The defendant's argument that the increase in rent does not comply with the terms of the agreement, since it was made in an arbitrary amount and not in proportion to the increased costs, was rightfully rejected by the courts on the grounds that, having provided for in paragraph 3.1 of the agreement the possibility of a unilateral increase in the amount of rent, the parties did not set such an increase in proportion to the plaintiff's expenses incurred to pay for utilities, and also did not provide for the procedure and did not establish the calculation applied in the event of a unilateral increase in rent.
Having established the price of the agreement in a specific monetary amount in paragraph 3.1 of the agreement, the parties also provided for the right of the tenant to unilaterally increase the amount of rent in the event of an increase in tariffs for the use of a land plot, tariffs for utilities and other expenses.
Thus, the change in the rent as a result of its adjustment, taking into account the increase in existing tariffs, does not contradict the named legal norm and the terms of the contract ... "

TO SUM UP THE ABOVE:

1. After receiving the notice from the landlord about the increase in rent, all communication with him must take place in writing with marks of receipt of documents (letters, notices, agreements) by an authorized person with the date of delivery or by registered mail with a return receipt and an inventory of attachments. This may be needed as documentary evidence of your words in court.
2. Look at how long your lease agreement is concluded: if for a period less than or equal to a year, then the terms of the lease agreement must remain unchanged during the year. Based on the information in this article, send your landlord a reasoned response to your rent increase notice.
3. Determine if your situation is one of those described in the article.
3.1. If you have signed an agreement that is contrary to the current civil law, then go to court to declare it null and void.
3.2. If you see that the rent has increased clearly out of proportion to market rates, contact an appraiser to determine the actual market value of the right to use the property under lease terms.
After that, inform the landlord in writing of your position and attach a copy of the appraiser's report.
If the landlord does not meet your needs, you can apply to the court to have the notice of the increase in rent declared invalid and unenforceable. For example, the Resolution of the Federal Antimonopoly Service of the North-Western District of October 22, 2013 in case N A05-8698 / 2012.

In the current civil legislation, the conditions for concluding a lease agreement are poorly spelled out. In this regard, not very legally savvy tenants often find themselves hostage to the conditions imposed by landlords. For example, provisions on the possibility of unilateral rent increase. However, the situation can easily be reversed. To do this, the tenant must carefully read the proposed lease agreement and not be too lazy to agree with the landlord and prescribe the "necessary" conditions.

Increasing the amount of rent unilaterally

By virtue of the principle of freedom of contract, its terms are determined at the discretion of the parties, except when the content of the relevant term is prescribed by law or other legal acts ( , ). Based on this, only the conditions for increasing the rent directly specified in the contract are grounds for its legal increase (for example, if it is indicated that " the landlord has the right to unilaterally revise the rental rate in the event of a change in the cost of utility bills", "the amount of rent is subject to indexation no more than once a year and no more than 1%"). Of course, it is beneficial for any tenant that, under the terms of the contract, the payment for the leased property is a constant value and is not subject to indexation (i.e., that the contract specifies a fixed amount of the rent and does not spell out the possibility of increasing it; or it is directly stated that However, not every landlord will agree with such formulations.The cost of utility bills increases, the market price of real estate changes, communications and other equipment wear out and need to be replaced... All this can cause an increase in rent.

Most often, the monthly rent consists of a base and a variable amount. The basic part may change if the situation on the real estate market changes. In addition, some agreements provide for annual indexation of the base part of the rent by a specified amount (for example, by 1 thousand rubles; by 2%) or by the value of the consumer price index (inflation rate). The variable includes utility and maintenance payments. Most often, the agreement establishes that the lessor has the right to unilaterally revise the rental rate in the event of a change in the amount of utility and maintenance payments by supplying and operating organizations.

The Deputy General Director of VTB Arena Park, shared the model for setting the rent, which seems to her the most optimal. "We need to move away from fixed and variable rents," Anastasia believes. In her opinion, it is much better to prescribe the amount of rent as a formula in the contract and indicate the possibility (or impossibility) and the procedure for indexing each of its components. For instance, " the monthly rent consists of the base rate, which is 20 thousand rubles. and is unchanged; the cost of depreciation of property, which is equal to 2 thousand rubles. and may be revised by agreement of the parties; payment of utility bills, which is charged according to the tariff established by resource supply organizations". So, if one of the elements of the rent is a fee for the maintenance and repair of the building and common areas, then the landlord will no longer be able to raise the rent, citing the fact that he needs to repair a broken elevator or garbage chute.

If the landlord nevertheless increased the amount of rent, if the tenant does not agree with this decision, he can appeal against it in court. Practice shows that the courts often take the side of tenants, but the decisive factor will be the conditions specified in the lease agreement.

If the lease agreement does not provide for the possibility of changing the amount of the rent unilaterally in connection with the establishment of the market value of the rent, the lessor is not entitled to demand payment in a new amount. This applies even to cases where the current rental rates at the time of the conclusion of the lease were extremely low and did not reflect the situation in the real estate market ().

Some parties, on the contrary, provide in the contracts for the possibility of a unilateral increase in the amount of rent due to changes in the market situation. At the same time, if the exact amount of the change is not specified, a dispute may arise between the tenant and the landlord. And then even the conclusion about the price increase will not help. “If the tenant goes to court, he, of course, will bring there the appraisal report that will suit him. And the landlord, for his part, will also bring the appraisal report “favorable to him.” Most likely, the court will appoint its own examination, which then someone then he wants to dispute. What will we come to? - Anastasia Pomelova is indignant. To avoid such exhausting and pointless disputes, it is much more reasonable to provide in the lease agreement a fixed rate by which the rent can increase (for example, by 5% or the refinancing rate of the Bank of Russia).

If such a dispute nevertheless arose, the tenant must prove the fact that the landlord abused his right to unilaterally change the amount of the rent. If the court finds that the rent has increased disproportionately to the change in the average market rates paid for the lease of similar property in the given area for the relevant period, and has significantly exceeded them, then on the grounds the court must refuse to collect the rent in the part exceeding the said average market rates 22 Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated November 17, 2011 No. 73 "").

In addition, it makes sense to clearly prescribe the procedure for increasing such a fee. For example, provide that if the lessor changes the amount of the rent, the latter is obliged to send the lessee a notice signed by the appropriate person. Some parties even indicate the method (registered letter with acknowledgment of receipt, telegram, on purpose) and the deadline for sending it. Until the fulfillment of the above conditions, the amount of the rent shall be considered unchanged. If the parties apply to the court, it is necessary to establish the fact of sending the specified notice to the tenant, the method and term for sending it. The tenant cannot be charged a penalty (penalty) for the time during which he continued to pay for the leased property at the previous price, if he did not receive a notice or received it in an improper form ().

We recommend specifying in the lease agreement the obligation of the parties to conclude an additional agreement in writing in the event of an increase in the amount of rent. According to, citizens and legal entities are free to conclude an agreement; coercion to conclude a contract is not allowed. This means that if there is such a condition, no one will be able to force you to conclude an additional agreement, and without its conclusion, to pay an increased rent. This position is also held by the courts, for example, the Presidium of the Supreme Arbitration Court of the Russian Federation in.

As for the frequency of changing the amount of the rent, if, in accordance with the law or the agreement, the landlord has the right to unilaterally change the amount of the rent (), then, within the meaning, such a change can be carried out by him no more than once a year (paragraph 21 of the Resolution of the Plenum of the Supreme Arbitration Court RF dated November 17, 2011 No. 73 "").

You should not think that the inclusion in the contract of a condition that establishes that the rent can be changed by agreement of the parties due to certain circumstances means a mandatory change in the rent in the future. Such a condition is subject to the principle of freedom of contract (), which involves agreement without any coercion of the parties to the transaction to change obligations (, decision of the Arbitration Court Novosibirsk region dated May 28, 2014 in case No. A45-5936 / 2014,).

OPINION

Ekaterina Orlova, director of Real Estate Orlova Consulting & Development:

"The bases for keeping the original rent arrangements unchanged are exact description subject of lease and penalties. To do this, I recommend listing in the lease agreement all the movable property located in the apartment, as well as prescribing at whose expense the malfunctions of this property that have arisen through no fault of the tenant are eliminated. Utilities are described in a similar way (it is possible to indicate the details of contracts with resource supplying organizations). In addition, indicate that changes to the terms of the contract are possible with the written agreement of the parties. In the "responsibility of the parties" section, it is important to pay attention to the responsibility of the lessor in the event of early termination of the contract on his initiative.

Payment under new conditions

ADVICE

You can view an approximate form of a lease agreement in the GARANT system. To do this, in the basic search, enter "lease agreement" and select "Document Forms".

If, after receiving a notice from the landlord about the increase in the amount of rent, the tenant begins to pay at the new rate, this will mean his consent, and challenge in the future new value rent becomes almost impossible. The fact is that the direction of the notice by the landlord will be equated to an offer - an offer addressed to one or more specific persons, which is quite definite and expresses the intention of the person who made it to consider himself to have entered into an agreement with the addressee who will accept the offer (). Consent to its acceptance is called acceptance (). When performing actions within the period established by the lessor to fulfill the terms of the contract specified in the offer (including the payment of the appropriate amount of rent), the tenant accepts (accepts) the offer (). At the same time, when changing the lease agreement (namely, increasing the rent), the obligations of the parties remain in a modified form (). Thus, by making payment taking into account the increased amount of rent, the tenant accepts the terms of the contract proposed by the landlord in terms of increasing the cost of rent (decision of the Arbitration Court of the Kemerovo Region dated June 30, 2014 in case No. A27-4911 / 2014).

In addition, we do not recommend that you stop paying for rented property at all, since delay in payment entails the imposition of a penalty (penalty). According to the tenant, the tenant is obliged to pay a fee for the use of the property in a timely manner. Exceptions to this rule for cases of unreasonable and illegal, in the opinion of the tenant, increase in the amount of rent by civil law is not provided. Obligations must be properly performed in accordance with the terms of the contract, the requirements of the law and other legal acts (). Unilateral refusal to fulfill obligations is not allowed (). An agreement or law may provide for a sum of money that the debtor is obliged to pay to the creditor in case of non-performance or improper performance of the obligation, in particular, in case of delay in performance (). Thus, upon termination of payment for rent, the court may oblige you to pay a penalty (penalties) (decision of the Arbitration Court of the Kemerovo Region dated June 30, 2014 in case No. A27-4911 / 2014).

OPINION

Anastasia Pomelova, Deputy General Director of VTB Arena Park:

"The more detailed the lease agreement specifies the mechanism by which the rent is calculated, as well as other relations with the counterparty, the more chances there are to get away from unilateral decisions on the part of landlords. This means that there will be no irresolvable disputes. I think this is the only way that enables the tenant to maintain normal partnership relations with the landlord.

Obviously, it is impossible to force a person to conclude an agreement on certain conditions. However, if the landlord is no less interested in renting out his home than the tenant is in renting it, then it is quite realistic to discuss the terms of the future contract and, through negotiations and joint concessions, come to terms that will suit both parties. And even if the parties lose some amount of money, they will gain peace of mind and confidence that in the event of a conflict they will be able to go to court and defend their rights to the leased property.

Any type of service or product has its own price, and it also happens with renting an apartment. When talking about renting, the owner tells you the cost of the apartment, which you must pay monthly. Could this mean that the amount is already final and not subject to change? Or there may be nuances where the landlord may demand a large amount from you?
The first thing to mention is the fixed payment, which is specified in the contract itself. The signed document must necessarily contain data on the amount and the period during which the owner of this apartment has no right to change the specified amount.
The question arises: why can the owner of the apartment suddenly just like that demand to pay more? The answer is really simple. It seems to you that if you wish, you can easily move out to live in another apartment with rent which will suit you. Tenants often grumble, but in order not to look for another apartment and not to bother with moving, they make concessions and agree to a price increase. Knowing this, some landlords deliberately lower the price from the very beginning, in order to raise it later, when the tenant has already agreed to the previous conditions.
Renting an apartment through an acquaintance is a very attractive option, the prices are incredibly low and everything seems to be fine. But this does not mean that if a friend has problems or needs money, he will not increase the cost of an apartment. In such a situation, you yourself will feel uncomfortable when it comes to a friend. Often landlords put you in an awkward position so that you pay more and feel like an equal.
There is also such a concept of a non-legal nature as depreciation of an apartment. It cannot be that the tenant lived in the apartment for a long time, and the condition was the same. Everything wears out and needs repair, the wear and tear of things is irreversible.
If we take, for example, the cost of a broken lamp, which you can compensate for, and wallpaper that can stick up, then the amount is incommensurable. Usually all these details are included in the rental price.
The question of choosing an apartment should be taken very seriously, you should carefully check all the documents, contact only reliable people or find an agency that will help you complete the transaction. Trust only yourself, and do not need to listen to strangers. When a person has money, everyone strives to profit and interfere in everything, so not everyone can be trusted. It is important to initially pay attention to the cost of rent, so that later there are no problems. It is also very important to pay attention to the drafting of the contract, it must clearly spell out all the points. You cannot allow yourself to be deceived if you are too gullible, it is better to use the services of agents, as they will do everything for you: they will draw up an agreement and will not allow deception.