Pre-trial claim for the refund of money deposited as a Guarantee fee

Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.

To the Director of LLP _________ from: _________ 8 707 721 55 44.

Proxy representative: Law and Law Law Company LLP

represented by CEO Galymzhan Turlybekovich Sarzhanov

BIN 190240029071 Almaty, 79 Abylai Khan ave., office 304.

info@zakonpravo.kz / www.zakonpravo.kz + 7 727 978 5755; +7 708 578 5758.

PRE-TRIAL CLAIM

On 02/01/20__ of the year between LLP __________( dale is a Landlord) and an Individual Entrepreneur _________ ( next is the Tenant) Sublease Agreement No. __ dated February 01, 20__ (hereinafter referred to as the Agreement) was concluded.

Pre-trial claim for the refund of money deposited as a Guarantee fee

The essential terms of the Agreement were clause 1 of the Agreement, where the "Lessor" undertakes to provide the "Lessee" with a temporary possession and use certificate for a Room located on the 2nd floor with a total area of 6 square meters, and undertakes to use the Room in accordance with its intended purpose, timely and in full to make all Payments provided for in this Agreement..   The agreement comes into force from the date of its signing and is valid for 11 months, that is, the contract expires on December 31, 20__, which the parties are certainly not aware of. Also, an important condition of the agreement is clause 3.2.4 of the Agreement, which stipulates that the Lessee must: "Transfer 1 Guarantee Fee to the settlement account of the Party within 3 (three) banking days from the date of signing this Agreement. The amount of the guarantee fee on the day of signing the Contract is ________ tenge, including VAT. " We believe there is no need to include all the clauses of the Contract, as well as Chapter 7 of the Civil Code of the Republic of Kazakhstan, in which cases the Guarantee Fee is not refunded, however, we would like to emphasize the fact that the Contract is not terminated upon the wish of the Parties, but is terminated upon the expiration of the Contract, which is not specified in the Contract. Accordingly, on December 17, 20__ for ex. No._ A Notice of termination of the sublease agreement with a refund of the guarantee fee has been sent to your address. To which we respond from the Director of the LLP __________ Mr. _________., a response was received, which was signed by the manager of the rental department, L.S. Kuleshova, which grossly contradicts the requirements of the Law of the Republic of Kazakhstan On the procedure for considering Appeals from Individuals and Legal Entities, where in Article 6 The "Requirements for a written request" stipulates that the Request must be addressed to the entity or official responsible for resolving the issues raised in the request, and the Request must be signed by the head and or representative of the legal entity.

The letter states that the Lessor agrees not to prolong the sublease agreement with the Lessee as stipulated in clause 5.3 of the Agreement. The guarantee fee is not refunded. This contradicts the fundamentals of Civil legislation based on the recognition of equality of participants in the relations regulated by it. In addition, Civil relations can be regulated by customs, including business practices, if they do not contradict the civil legislation in force in the Republic of Kazakhstan, while other shopping malls immediately refund the Guarantee Fee upon termination of the contract upon expiration of the Contract.

Pre-trial claim for the refund of money deposited as a Guarantee fee

We fundamentally disagree with your arguments, as they contradict common sense and logical reasoning, as well as the literal interpretation of the norms of civil law. Article 2 of the Civil Code of the Republic of Kazakhstan stipulates that: Citizens and legal entities acquire and exercise their civil rights, and also renounce, unless otherwise established by legislative acts, their rights voluntarily and in their own interest. They are free to establish their rights and obligations on the basis of a contract and to determine any of its terms that do not contradict the law.   In paragraph 2, art. 157 of the Civil Code of the Republic of Kazakhstan stipulates that a transaction is declared invalid in violation of the requirements for the form, content and participants of the transaction, as well as for the freedom of their will on the grounds established by this Code or other legislative acts. According to the business custom of setting a time limit for warning about termination of a contract, as well as when applying legislation by analogy according to art. 5 of the Civil Code of the Republic of Kazakhstan to other legislative acts regulating relations, the time limit for warning and/or termination of a contract does not exceed one month everywhere. However, the 3-month period specified in your contract is contrary to the law, which is not difficult to prove in court. We would like to inform you that the execution, performed properly, terminates the obligation that we have accordingly done. Also, Article 386 of the Contract Code stipulates that the contract enters into force and becomes binding on the parties from the moment of its conclusion. If the legislation or the contract provides for the term of the contract, the end of this period entails the termination of the obligations of the parties under the contract, and the Guarantee Fee is subject to refund. We suggest that you return the funds deposited as a Guarantee payment in the amount of ________ tenge to the Tenant within the time limits prescribed by law. If you do not return the funds within a reasonable period of time, we reserve the right to take this matter to court. As well as to recover the amount of material (losses and penalties, Article 351 of the Civil Code of the Republic of Kazakhstan) and moral damage and/or apply to other competent authorities.

Pre-trial claim for the refund of money deposited as a Guarantee fee

152 and 279 of the Civil Procedure Code of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, stipulating that the judge returns the statement of claim and the court leaves the statement of claim without consideration if the plaintiff has not complied with the pre-trial procedure established by law for this category of cases, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this procedure has not been lost and preserved. Since this procedure is not prohibited by any of the regulatory acts of the Republic of Kazakhstan, we hope that our further cooperation with you will continue on mutually beneficial and mutually acceptable terms.

Yours sincerely,, ___________________/ ........................ "___" _____________20__ year

Attention!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information,  please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases