Settlement of a rental dispute in an arbitration court
Target
Between our client (tenant) and the plaintiff (landlord) A lease agreement was signed for the non-residential premises of the beauty salon. Three years later, a malfunction of the ventilation system occurred in the room, due to which being in the room began to harm the health of visitors. To resolve the problem, the defendant appealed to the plaintiff with a request to assist in eliminating the shortcomings. However, the latter refused to provide any assistance in resolving this issue, so the defendant was forced to eliminate the shortcomings on his own. Since the plaintiff refused to reimburse the costs incurred by the defendant to eliminate the shortcomings of the ventilation system, the latter decided to refuse to pay rent payments and terminate the contract. The plaintiff, having not agreed to set off the specified expenses of the defendant against the payment of rent payments, demanded their compensation in court.
Solution
Yang Consult lawyers studied the contract in detail and found conflicting conditions for the cost of major repairs between the parties. Using the fundamental principle of the legal practice of contra proferentem, our team drafted a counterclaim and filed it in court on behalf of our client.
Result
The court sided with our client and offset the costs incurred by him for the repair of the ventilation system.
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