Any guarantee that the lessor receives from a guarantee relating to a rental contract must provide that the guarantee may be applied against the guarantee, even if the lessee is placed under a business rescue. SAPOA sought legal advice on the rights of a landlord in case a commercial tenant was placed in the rescue of the business. These rights are based on the rights and obligations inherent in the common law, which in one way or another are expanded or replaced by the terms of a lease agreement. The above recommendations are only guidelines and only serve to help owners in situations related to the rescue of the company. Each rental agreement is unique and the user must seek legal advice on the specific circumstances of the user. This legal notice should only be used as a guide and should not only be copied with the expect that it would serve the individual circumstances of each party. Most of the above recommendations have not been tested in our courts and SAPOA does not guarantee any success in court if any of the above recommendations come into effect. There is nothing in the law and in the law that prohibits a lessor from including in the lease a provision that it automatically terminates if the tenant falls through a procedure of voluntary rescue of the company by company decision. If the decision is made by the Board of Directors, the business rescue process has not yet begun and termination on that date is not prohibited by Chapter 6. Since the obligations of the lessor and the tenant are reciprocal, the company`s rescue plan cannot ignore the tenant`s obligation to pay the rent while respecting the lessor`s obligations under the lease.
There is nothing below s150 of the law that gives the tenant the right to stay in the rented premises without paying rent. If the tenant cannot afford the rent, the tenant must evacuate the premises and find other premises that he can afford. There is no reasonable basis on which a tenant can continue to use rented premises without paying rent. Accordingly, all leases must be drawn up on the basis of mutual obligations. The tenant`s right to occupy premises and receive benefits from the lessor must be clearly conditional on the payment of rent, incidental costs and services. The most important thing in a lease agreement as part of the company rescue is that it is a bilateral contract. The performance obligation of each party shall be assumed in return for the performance of the other party.. . .
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