Yes, you can refer to Art. 306 of the Commercial Act and you could not pay rental price during the period of state of emergency, but only if certain prerequisites are in place.

For example, if the order imposing the state of emergency should prohibit the hired by you unit from working – then the fulfillment of the obligations and the related to them counter-obligations is suspended, ie you may not pay rental price. In other words, the state of emergency must be the direct reason because of which the leased unit could not be used.

However, if there is an opportunity to use the rented commercial unit, but there are no customers due to the imposed restrictions with the state of emergency or any other reason, then the institute of economic intolerance could help – the court may, at the request of one of the parties, amend or terminate the contract in whole or partially.

If, despite the force majeure, both parties to the contract have an interest in executing the lease, it may be possible to modify the contract for the duration of the force majeure and to maintain the contract in such a way that it is acceptable to them. In each case, it should be taken into account whether all the prerequisites exist, as well as what are the interests of the parties and whether they are justified. In this regard, it is needed every case to be reviewed individually and a consultation by a specialist to be provided.