The tenant appealed to the arbitration court with a claim to the lessor to invalidate the terms of the lease agreement providing for the quarterly increase by the lessor of the rent amount by indexing it to inflation, since this condition contradicts the mandatory rule of paragraph 3 of Article 614 of the Civil Code establishing the possibility of changing the rent amount no more than once a year.
The court of first instance satisfied the claim, stating that clause 3 of Article 614 of the Civil Code of the Russian Federation contains an imperative norm regarding the frequency of changes in the amount of rent, and therefore the parties cannot change or establish a condition in the contract that differs from that provided by this norm. Therefore, the condition of the contract, which provides for the possibility of a quarterly change in the amount of rent, is void by virtue of Article 168 of the Code as not in accordance with the law (clause 3 of Article 614 of the Civil Code of the Russian Federation). The case was referred to the court of cassation.
Resolve the merits of the matter.
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