Changes in the tenancy relations for the period of martial law

In the letter dated 28 February 2022, the Chamber of Commerce and Industry of Ukraine certified that the military aggression of the Russian Federation against Ukraine is also included in force majeure circumstances (circumstances of irresistible force).

This letter enables tenants to exercise their right provided by article 617 of the Civil Code of Ukraine, namely exemption from liability for breach of obligation, if such breach occurred as a result of force majeure. It means that the tenant is still obliged to pay the rent, but if, due to force majeure, he violates payment terms, he is released from such consequences as:

• fine;
• unilateral refusal of the lessor from the contract;
• restriction of access to the use of the leased property;
• compensation for damages, etc.

In addition, it is allowed to note that the occurrence of force majeure circumstances not only exempts from responsibility, but also provides a postponement regarding the fulfillment of obligations, such as rent paymen. Such conditions are valid for the period of validity of such circumstances.