Pre-trial claim under a lease agreement for non-residential premises

To the head of IP "D m" T D R

the city of Almaty, md. Ant, house , sq. 74.

+7 702 .....

from: IP "M.N." represented by the head M. N. M.

IIN: ....

the city of Almaty, district 143.

PRE-TRIAL CLAIM

       On 01.01.2024, a Lease Agreement No. 31 was concluded between me and the Limited Liability Partnership Domillion, where the subject of the agreement is the Partnership gives me temporary possession and use (lease) of a part of the boutique Premises No.B2-16+B2-16/2 Block B2, with a total area of 158 sq.m. located on the 2nd floor of the Shopping Center "Domillion."

The above-mentioned relations correspond to Articles 151, 581, 582 of the Civil Code of the Republic of Kazakhstan, which stipulates that transactions are made orally or in writing (simple or notarized). The lease agreement for a building or structure is concluded in writing by drawing up a single document signed by the parties. Failure to comply with the form of the lease agreement for a building or structure entails its nullity.

          Due to the fact that the area of 158 square meters was not completely filled by me, I temporarily allowed you to exhibit my goods in part of the rented area, namely about 80 square meters, at your repeated request and belittlement.

          However, today I need to use for my intended purpose in my business the entire leased area that I temporarily own during the lease period, however, you categorically ignore all my repeated oral requests to vacate the area and do not remove your goods from my trading platform.

By your actions, you violated art. 190 Fraud, that is, theft of someone else's property or acquisition of the right to someone else's property by deception or abuse of trust, of the Criminal Code of the Republic of Kazakhstan.

A violation of an obligation is understood as its non-fulfillment or improper fulfillment, which contradicts Article 349 of the Civil Code of the Republic of Kazakhstan, which is unacceptable according to Article 272 of the Civil Code of the Republic of Kazakhstan.

             Thus, you are causing me real material harm and I demand that you release my rented space as soon as possible, which I temporarily own during the rental period.  

          By not vacating my commercial space, I get the impression that your actions are aimed at seizing property through deception and abuse of trust, which is criminalized under art.190 of the Criminal Code of the Republic of Kazakhstan.  

We hereby offer you the voluntary surrender of my property to me by December 25, 2024. If you do not return it within the specified period, we reserve the right to take this matter to court. As well as the recovery of the amount of material (damages and penalties, Article 351 of the Civil Code of the Republic of Kazakhstan) and representative services of a Lawyer in the amount of 500,000 tenge. Also, contact other competent authorities for criminal and administrative prosecution.

According to paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party.

152 and 279 of the Civil Procedure Code of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, stipulating that the judge returns the statement of claim, and the court leaves the statement of claim without consideration if the plaintiff fails to comply with the pre-trial procedure established by law for this category of cases, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this procedure is not lost and preserved.

With respect,

IP "M.N."  

                                                 ___________/M.N. M.

Attention!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases