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“Who is obliged to return the ‘security deposit’ to the tenant if the landlord is changed: interpretation of Article 617 of the Civil Code of the Russian Federation in the Definition of the Supreme Court” — Tatyana Tereshchenko for

If the security methods provided for in the lease agreement involve the lessor receiving certain property for the lease period, then such property must follow the fate of the leased thing in the event of a change of ownership. To inform about this or replace it, as well as to properly prepare the documents and make the transfer of the thing with all the welfare – the business and task of the owners.

In my opinion, the case, reviewed by SC RF is a good practical example in order to determine the scope of Article 617 of the Civil Code and its relationship with the general rules of the Civil Code, to pay attention to differences in the interpretation of normal and accidental conditions of the agreement in the lease, and also to think about the scope of the rights and obligations of the parties in the contract of lease and in the future to assess what issues should be considered in the case of a change of persons in obligation to just minimize unexpected disputes,

Tatiana Tereshchenko, lawyer, head of the analytical deaprtment of Prime Advice, comments on the decision of the SC RF.

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