The Kvant limited liability company (tenant) filed a claim with the court of arbitration against Caesar CJSC (subtenant) about evicting it from the occupied premises.
The court found that the city property management committee (the landlord) concluded in 2000 a contract for the lease of non-residential premises for a period of 10 years with OJSC Polyanka (the former tenant). In 2004, with the consent of the committee (lessor), OJSC Polyanka, one of the leased premises, Cesar CJSC (the respondent in this case) was sublet for 5 years. In 2005, the city property management committee, Polyanka OJSC, Kvant LLC (plaintiff) signed an agreement, in accordance with which Polyanka OJSC transferred its rights and obligations under the lease agreement to the renewal of Kvant LLC. The latter committed to overhaul and renovate the entire building at its own expense. The new tenant (the plaintiff of Kvant LLC) believed that since the conclusion of the above contract, the sublease contract with Caesar CJSC was terminated, since the rights and obligations of the tenant were transferred by the former tenant in the order of renegotiation, and not as a result of a new contract with the owner of the premises.
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