On March 16, a quarantine regime was introduced in Ukraine to curb the spread of the COVID-19 virus epidemic within our country. In this regard, all enterprises that were not included in the list of those who are allowed to work have suspended their activities.
A large number of people have been left with no income at all or it has been significantly reduced for an indefinite period. Those who live in rented apartments and do not understand how to act correctly in a number of cases related to renting housing were among the first to sound the alarm. We collected the most popular questions asked by tenants in social networks and on forums, and turned to experts for explanations.
In general, the situation on the real estate rental market has shown that the apartment issue in Kyiv is immune to the virus - the number of offers on bulletin boards and thematic groups shows that landlords are renting out apartments in the same way as before the quarantine, in some cases with a reduced price. but for the most part the pricing policy has not changed. Renting continued at the same rate during the quarantine.
At the same time, the number of requests for long-term housing rental did not significantly decrease. Both owners and experts of metropolitan real estate agencies continue to conduct inspections of apartments, while not forgetting about security measures and tenants. In addition, if you wish, you can conduct a virtual FaceTime or Skype tour by prior appointment while staying at home. The apartment rental service during the quarantine adapted to the situation in the country and continued to work. By the way, if you are thinking about buying real estate, we recommend contacting our professional luxury real estate agency THE Capital.
The main thing that employers should understand in the current situation is that no regulatory act, including those related to temporary restrictions due to the epidemic, can limit the right to rent (hire) premises.
The introduction of a state of emergency in Ukraine does not affect the relations between tenants and landlords. Real estate agencies can continue their activity of renting and selling real estate.
Private lawyer V. V. Volodymyrov and lawyer A. V. Konovalov answered the questions we were interested in.
Can I move in before April 1st?
So. If the contract provides for the beginning of hiring (lease) from April 1, then the lessor is obliged to provide access to the premises from this date. At the same time, in case of delay or impossibility of transferring the premises within the specified period, the tenant has the right to:
- - demand from the lessor the transfer of the property and compensation for damages caused by the delay;
- - refuse the employment contract and demand compensation for the damages caused to him.
In addition, moving companies continue to provide their services and help you with your move at any time. If you have the opportunity and plan to move on your own, there are no restrictions here either.
What if my lease expires at the end of the month?
Your actions will depend on your intentions, as well as on the procedure for extending the lease agreement or terminating it established by the agreement itself. Read the terms of contract termination or extension in detail and act accordingly. The lessee, who intends to use the preferential right to enter into a lease agreement for a new term, is obliged to notify the lessor about it before the end of the lease agreement within the period established by the agreement, and if it is not established by the agreement, within a reasonable time.
The terms of the employment contract for a new term are established by agreement of the parties. In case of failure to reach an agreement on the fee and other terms of the contract, the employer's right to conclude the contract is terminated.
What if I live in a rented apartment?
Restrictions on living in a rented apartment during quarantine are not stipulated by any legal act in force in Ukraine.
What if I have problems with my apartment - something breaks or I need urgent repairs?
It should be noted that today there is no ban on carrying out repairs or concluding contracts with specialists who can carry out such repairs.
In addition, all life support services and emergency services work as usual and in the event of an emergency, they do not have the right to refuse to carry out repair work.
What should I do if the landlord refuses to rent to me before the contract expires?
The terms of eviction are stipulated in your lease. According to Article 825 of the Civil Code of Ukraine, the lessor can refuse the lease at any time, if the property is necessary for his residence, by notifying you 2 months in advance. If the lessor's demand to terminate the lease (lease) is not caused by the above-mentioned circumstance, then such a demand is illegal.
Can my landlord raise my rent now?
No. The issue of price, the procedure for payment for use, and the procedure for review should be spelled out in the contract. Unilateral change of the terms of the contract is not allowed. The contract may establish a periodic review, change (indexation) of the fee for the use of the property. If the price revision is not provided for in the contract, then such price is valid until its expiration.
See also: How to rent non-residential premises?
What should I do if I am diagnosed with COVID-19? What are my rights as a tenant?
First of all, notify the relevant services about the presence of symptoms of the virus and follow the relevant instructions. The state of health of the tenant does not affect the rental relationship in any way. If the lessor requires the termination of the lease due to the lessee's health, the lessee has the right to compensation for damages related to such termination on general grounds.
See also: Renting an apartment: how to write an ad correctly?
We would like to add that it is not necessary to bring the situation to consideration with the landlord. If you have any questions regarding the rental of the current rental property or the one you are planning to move to, first of all contact the landlord and discuss your situation, so you can reach a mutually beneficial agreement.
The best solution in the current situation would be to communicate by phone, or rather by e-mail, in order to secure yourself in terms of health and further fulfillment of the conditions that will be stipulated. Was the publication interesting and useful? Subscribe to our real estate blog updates and get the latest posts from THE Capital real estate agency.
