Refund of security deposit under the contract
Client
A warehousing service company
Contents
Representing the client in court in connection with the client’s claim to return the security deposit under the preliminary lease agreement (and recover the corresponding penalty). The client (tenant) refused to perform the preliminary lease agreement, the subject of which was the conclusion of a long-term lease agreement after receiving a certificate of registration of the landlord’s title, as well as using of non-residential premises until the conclusion of the main (long-term) lease agreement. The reason for the refusal of the agreement was the landlord’s failure to receive the certificate within the period specified in the agreement. The defendant (Activland LLC) filed counterclaims to invalidate the refusal of the agreement and to compel the conclusion of the main lease agreement, collecting rent and penalties.

As a result, the court recognized the tenant’s refusal of the preliminary agreement as lawful and refused to compel him to conclude the main agreement. Therefore, the security deposit was collected from the landlord in favor of the client.
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