Our team represents a company that owns and operates the largest commercial and business center in Yambol, Bulgaria, in connection with release and transfer of leased premises. The lessee of all office premises in the commercial and business center leased the premises to third parties, thus violating the signed lease. The lease contract was then terminated unilaterally for failure of compliance - non-payment of rent. Thus our client sent a call for release of the premises and transfer of their pocession. The tenant refused to comply and thus our lawyers brought an action before the competent court for the release and transfer of the leased premises. The claim was upheld at first instance and appeal and the decision came into force. As a result of difficulties we encountered in serving the court order, our lawyersour lawyers required the Court to apply a specific provision in the Civil Procedure Code, according to which court orders are considered delivered in case that the addressee can not be found within one month at an address where a court order has been served in the past.
Based on the final court decisiona writ of execution was issued in favor of our client. The law firm represented the client in the enforcement proceedings. The debtor initiated actions to stop the actual ouster and issued a claim for damages caused by the termination of the lease contract. Our lawyers successfully appealed the injunction, and the appellate court revoked it. The appeal of the injunction argued that a claim for damange ould only be needed if there was an unlawful termination of the contract and if the tenant was unlawfully deprivate of the rented space. . For the final resolution of the dispute, our team participates in implementing the actions related to the writ of possession of the entire shopping center.
Practice: Litigation
Connection with other practices: Real Estate. Urban Planning and Construction Works
