The legislature plans to repeal Article 15ze of the “shield”, which for over a year has defined the relationship between mall owners and tenants. Instead, the tenants will be able to withdraw from their lease extension offers, and the amount of benefits due will be reduced by 20% and 50%.
According to the proposed article 15ze1, which is to replace the current regulation, during the period of closure of the mall, the LESSOR WILL ONLY BE LIABLE TO 20% OF THE AMOUNT OF BENEFITS ESTABLISHED IN THE CONTRACT CONCLUDED BEFORE MARCH 14, 2020. On the other hand, during the three months following the lifting of each prohibition, this percentage will increase to 50%.
At the same time, the legislator wants to directly link these solutions to the clause of NECESSARY CHANGE OF RELATIONS regulated by the Civil Code. If the reduction of rent in accordance with the above rules is unjustified, EACH PARTY WILL BE AFFIRMED TO REQUEST SETTLEMENT BY THE COURT.
In addition, the amendment provides that within 14 days of its coming into force, a TENANT WILL BE ABLE TO WITHDRAW HIS UNCONDITIONAL LEASE RENEWAL OFFER. This solution may lead to practical nullification of the effects of negotiations, which we have often had to deal with over the past year.