Rent Concerning Legal Consultation Successive Nichibenren New Corona May 3 14:34
If the emergency declaration is extended, the rent issue may be further exacerbated for restaurants and other businesses that remain refraining from doing business. In situations that were not anticipated by law or contracts, Nichibenren's consultation desks are continuously consulting over rents, and experts say that it is important for the borrower and the lender to actively discuss.
According to the Japan Federation of Bar Associations, the Japan Federation of Bar Associations established a consultation desk for the new coronavirus from the 20th of last month, and there were about 500 applications in the first 5 days, and the largest amount of rent was the consultation from the operator. It is a consultation around me.
If the borrower requests a reduction or grace of rent because of refraining from sales to prevent the spread of infection, what is the legal decision?
Okukunori, a lawyer who is familiar with real estate transactions, does not anticipate unprecedented situations such as the spread of new viruses and requests for self-restraint in conventional lease contracts, and if there is a clear solution even in laws such as the current civil law, I point out that there is no.
Oku lawyer said, "In the case of a lease agreement between a lender and a borrower, even if there is a clause such as" let's discuss "when a natural disaster or force majeure occurs, we assume such a situation. It is almost impossible to think of a case in which a clear countermeasure is included. ”
Regarding the issue of rent, the Diet is discussing support measures, and some local governments have begun to provide support.
In large commercial facilities, lenders are also deciding to reduce rent.
Oku is worried that the lender and the borrower will both fall down if they are not bound by the existing lease agreement and the current law and review the contract.
Mr. Oku said, "From the standpoint of the lender, I did not anticipate a situation in which the rent would decrease. However, assuming that it was decided by the lease agreement, if you continue to seek without reducing or delaying the rent, We could run out of funds or go bankrupt, and we could lose all rent. ”
Oku lawyer said that for the benefit of both parties, rent reduction and exemption and grace should be discussed, "First, the borrower can objectively understand the amount of decrease in sales and guest feet in order to negotiate reduction or grace. I would like you to do the work of gathering the data and grasping the future cash flow for about six months for the time being. I want you to seek help from lawyers and other experts without giving up. "
A man who manages a Western restaurant "Crash if you don't manage"
A man who manages a Western restaurant in Okayama complains that his rent and other payments continue to be a big burden for his business, despite the fact that his store income has fallen sharply.
The man says, "At least I can't get rid of my rent for three months. I have to borrow from an acquaintance and do some mere connection."
Nichibenren consultation desk
Nichibenren has set up a nationwide uniform contact point for various legal counseling from individuals and businesses regarding the spread of new coronavirus infection.
This means that after accepting an application for consultation, the lawyer in charge of each area will contact you depending on the content of the consultation.
In addition to accepting consultation requests on the Nichibenren's website, you can also contact us by phone at 0570-073-567 from noon to 2:00 pm on weekdays.