ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of April 3, 2020 No. 439

About establishment of requirements to conditions and terms of payment deferral of the rent according to lease agreements of real estate

According to the Federal Law "About Modification of Separate Legal Acts of the Russian Federation concerning the Prevention and Liquidation of Emergency Situations" and taking into account provisions of Item 3 of Article 401 of the Civil code of the Russian Federation the Government of the Russian Federation decides:

1. Approve the enclosed requirements to conditions and terms of payment deferral of the rent according to lease agreements of real estate.

2. Recommend:

to legal entities, individual entrepreneurs - lessors of real estate objects by provision of payment deferral of the rent according to lease agreements of real estate according to the requirements approved by this resolution to provide reduction of the amount of the rent taking into account the actual non-realization by the lessee of real estate of activities, and also taking into account the non-working days established by presidential decrees of the Russian Federation about measures for ensuring sanitary and epidemiologic wellbeing of the population in connection with new koronavirusny infection;

to heads of public authorities of subjects of the Russian Federation, local government bodies to provide to the legal entities and individual entrepreneurs owners of real estate objects who granted rent payment deferral according to the lease agreements of real estate units specified in Item 1 of the requirements approved by this resolution, the support measures concerning the tax discharge on property of the organizations, property of physical persons, the land tax, the rent for the earth on this real estate object for the period on which delay is granted.

3. This resolution becomes effective from the date of its official publication.

Approved by the Order of the Government of the Russian Federation of April 3, 2020 No. 439

Requirements to conditions and terms of payment deferral of the rent according to lease agreements of real estate

1. These requirements are applied to conditions and terms of payment deferral of the rent provided in 2020 for use of real estate according to lease agreements of real estate which are concluded before acceptance in 2020 by public authority of the subject of the Russian Federation according to article 11 of the Federal law "About Protection of the Population and the Territories against Emergency Situations of Natural and Technogenic Nature" of the decision on introduction of high alert or emergency situation in the territory of the subject of the Russian Federation and lessees on whom the organizations and the individual entrepreneurs performing activities in industries of the Russian economy, most injured in the conditions of deterioration in situation as a result of spread of new koronavirusny infection are (further respectively - the lease agreement, delay).

2. Delay is granted concerning the real estate which is in the state-owned, municipal or private property, except for premises.

3. Delay is granted for a period of up to October 1, 2020 since Date of Introduction of high alert or emergency situation in the territory of the subject of the Russian Federation with the following provisions:

a) the rent receivable is subject to payment not earlier than January 1, 2021 and no later than January 1, 2023 step by step not more often than once a month, equal payments which amount does not exceed the size of half of the monthly rent according to the lease agreement;

b) delay is granted on effective period of high alert or emergency situation in the territory of the subject of the Russian Federation in the amount of the rent for the corresponding period and of 50 percent of the rent for the corresponding period from the date of cancellation of high alert or emergency situation in the territory of the subject of the Russian Federation till October 1, 2020;

c) penalties, interest for using others money or other measures of responsibility in connection with non-compliance by the lessee with procedure and terms of introduction of the rent (including in cases if such measures are provided by the lease agreement) in connection with delay are not applied;

d) establishment by the lessor of the additional payments which are subject to payment by the lessee in connection with delay provision is not allowed;

e) the amount of the rent concerning which delay is granted can be reduced by agreement of the parties;

e) if the lease agreement provides inclusion in the rent of payments for use of the lessee of utilities and (or) maintenance costs of leasable property, delay by the specified part of the rent is not granted, except as specified, if during action of high alert or emergency situation in the territory of the subject of the Russian Federation the lessor is exempted from payment of such services and (or) execution of such expenses.

4. Delay conditions, stipulated in Item 3 these requirements, are applied to supplementary agreements to the lease agreement about delay irrespective of date of the conclusion of such agreement.

5. By the government of the Russian Federation, public authorities of subjects of the Russian Federation, local government bodies other conditions of provision of delay concerning the real estate which is in the state-owned or municipal property can be established if it does not lead to deterioration for the lessee of the conditions provided by these requirements.

6. Agreement parties of lease can establish other conditions of provision of delay if it does not lead to deterioration for the lessee of the conditions provided by these requirements.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info