The Supreme Court explained when a tenant may not pay for land during a war

The Supreme Court has formed an important legal position on land lease during wartime. In case No. 610/986/25, the Civil Court of Cassation, part of the Supreme Court, concluded that a tenant may be exempted from paying rent if, due to occupation, hostilities, or the threat of mining, he was actually unable to use the land plot.

The court considered a dispute between a landowner and a company that had not paid rent in 2022–2024. The plaintiff demanded debt collection and termination of the lease agreement due to systematic non-payment. However, the Court of Appeal found that the land plot was under occupation, and the sowing campaign and harvest were impossible.

The Supreme Court agreed with this approach and emphasized: in accordance with part six of Article 762 of the Civil Code of Ukraine, the tenant is exempted from payment for all the time when he could not use the property due to circumstances for which he is not responsible.

At the same time, the Supreme Court emphasized that such an exemption is possible only if there is an objective and proven impossibility of using the property. In this case, the court took into account not only temporary occupation, but also the risks of land contamination with explosive objects.

Separately, the Supreme Court clarified the issue of “systematic non-payment” of rent. The court noted that in order to terminate a land lease agreement, it should be about systematic full non-payment, and not partial underpayment.

Thus, the Supreme Court confirmed: war in itself does not exempt from the performance of the agreement, however, occupation, impossibility of access to land and real security threats can be a legal basis for exempting the tenant from rent.