Reply to the Objection to the Applicant's pre-trial claim

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To the Landlord of the Supermarket ____________ Address: ____________

For an individual entrepreneur ____________

from: Individual entrepreneur ____________ Phone: ____________

 

I have received a letter from you in which you indicate that starting from December 09, 20__, the Lease Agreement concluded between us on June 01, 20__, is terminated unilaterally by you. Reply to the objection to the pre–trial claim the Applicant's claim Between you and me On June 01, 20__, a Lease Agreement was concluded (hereinafter referred to as the Agreement) for a period of 5 years, that is, until June 01, 20__. In accordance with clause 1.2, the Lessor undertakes to provide the Tenant with a building located at: ____________ . Before the expiration of the Contract, I have committed to purchase this property from you.

In accordance with art.272 of the Civil Code of the Republic of Kazakhstan, the obligation must be performed properly in accordance with the terms of the obligation and the requirements of the law, and in the absence of such conditions and requirements - in accordance with business practices or other commonly imposed requirements. By virtue of Article 273 of the Civil Code of the Republic of Kazakhstan, unilateral refusal to fulfill an obligation and unilateral modification of its terms are not allowed. In your claim, you indicate that I allegedly violated my obligations to pay rent on time. I would like to note that in accordance with clause 1.4 of the Contract, the amount of rent is ____________ tenge per month. I will pay you the amount in excess of ____________ tenge is paid monthly, so the terms of the Contract are not significantly violated by me. It is also worth noting that I have not received any offer from you to terminate the Contract. And there is no clause in the Contract that provides for your right to unilaterally terminate the Contract.

Reply to the Objection to the Applicant's pre-trial claim

According to clause 2 of Article 401 of the Civil Code of the Republic of Kazakhstan, at the request of one of the parties, the contract may be amended or terminated by a court decision only: 1) in case of substantial violation of the contract by the other party; 2) in other cases provided for by this Code, other legislative acts or the contract. A violation of the contract by one of the parties is considered significant, which entails such damage to the other party that it is largely deprived of what it was entitled to expect when concluding the contract. Therefore, you do not have the right to unilaterally terminate the Contract.

Sincerely, Representative by proxy ________/ Kaishybekov M.E. 12/19/20__

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