This article explains what to pay attention to when renting a flat in the Czech Republic. It lists points, which need to be in the rental agreement, explains your rights as the tenant and the rights of the landlord, different types of rents and payments and how to cancel the rental agreement.

 

A flat in the Czech Republic may be rented from the municipality or town or from another owner. Renting a flat in the Czech Republic is arranged by law and the requirements are set down in the Civil Code.

Signing a lease

Please, keep close attention when signing a lease (rental agreement). If you are not sure about something, please contact a lawyer before you sign anything.

You may also encounter an offer of a contract under a different title than ‘occupational lease’. Unless it is in conflict with the Civil Code, it is still valid but it is less legally protected.

The one who rents and occupies a flat will be stated in the lease as the Tenant, and the owner of a building or flat as the Landlord.

The lease must contain the following:

  1. Description of a flat, its facilities and the scope of their use (some areas may belong to a single flat and some may be shared by several flats). This means:
    • Exact address,
    • Number of the flat in the building,
    • The floor,
    • Number of rooms,
    • Facilities (bathroom and toilet).
    •  Other areas belonging to the flat (e.g. balcony, cellar, etc.)
  2. Calculation of the rent and payments for services related to the use of the flat (e.g. heating, warm water, refuse collection, use of the lift, removal of waste water, etc.)
  3. The method of paying the rent and payments for services related to the use of the flat
  4. The period of the contract:
    • A definite period of time (the standard end date) – it is possible to include the option of its extension
    • An indefinite period of time (the end date is not specified) – the contract is valid until terminated upon agreement between the tenant and the landlord, or a notice given by one of them to the other
  5. A provision on the deposit amount (More below in the text)
  6. Any specific arrangements, which you may agree upon with the landlord (e.g. paying repairs in the flat, cleaning areas outside of the flat, the terms for extending the lease, etc.) – it is not possible to agree upon anything that would be in conflict with the law (e.g. the lease may not state a different notice period than is set down by law, or ending the tenancy or placing a ban on a visitor, etc.)

Other documents that are usually the addition to the occupational lease:

  1. The registration list – states the persons who live with the tenant in the flat (in case of a lease for a definite period of time, it is possible that the registration list is not included)
  2. Information about handing over the flat – stating the date of the handing over and the condition of the flat (e.g. the flat equipment, the reading on water, heat meters, etc.)

When handing over the flat, the landlord should give you 2 keys – 1 from the flat and 1 from the main entrance door. It is only you that may have these keys. Nobody has the right to enter the flat without your consent, with the exception of an emergency situation.

You do not need the landlord’s approval regarding any other people you want to live with. However, you must notify the landlord about how many people will be living in the flat.

You are allowed to have a long-term visitor living in the flat. If they stay for longer than 3 months, you should notify the landlord.

These extra persons will be included in the calculation of the billing of the services.

If the person living with you in your flat pays you for the accommodation, it means you are sub-letting the flat. In this case, you need a written approval of the landlord.

 

Security Deposit Agreement

The landlord might ask you to pay a deposit. The law limits the deposit amount – it cannot exceed the triple of the monthly rent.

The landlord has to use the deposit only for the purposes related to the use of the flat. This means the money should be used mainly for small repairs and costs related to ordinary maintenance of the flat. The deposit should be returned to the tenant within one month after finishing the lease.

 

Rights and Obligations

Rights and Obligations of the tenant:

  • You have the right to live in a flat and use the common premises of the building (a cellar, loft, corridors and others) according to the rules set by the occupational lease,
  • You have the right to use the services in the flat (e.g. water, heat, a lift, etc.),
  • You have the obligation to pay the agreed amount of rent within the agreed period,
  • You have the obligation to respect the rights of other tenants and the landlord,
  • You have the obligation to notify the landlord about any defects in the flat and necessary repairs to be paid by the landlord.

Rights and Obligations of the Landlord:

  • The obligation to hand over the flat in a condition fit for normal use,
  • The right to carry out any constructional modifications in the flat, with the approval of the tenant,
  • The right to enter the flat for the purpose of checking the condition of the flat.

The payment of repairs:

Large repairs, reconstructions, and renovations of the flat are the responsibility of the landlord. Small repairs are the responsibility of the tenant. Small repairs are considered to be the repairs to the flat and its equipment, whose cost does not exceed 300 CZK.

Major changes in the flat:

You can only make major changes and modification to the flat with the approval of the landlord. Even if you make these modifications at your own expense. Some modifications may need approval from the Building Office (e.g. modifications to the water, electric, or gas pipes, building or walling-in windows, doors, etc.)

The landlord can make changes and modifications to the flat with the approval of the tenant.

 

Rent and payments

There are several methods of determining the rent:

  1. Agreed rent
    • It is set by a mutual agreement. This type of rent is not treated by any regulation and it can be set at any amount. The agreed rent may be increased depending on the rules stated in the agreement.
  2. Controlled rent
    • It is used mainly for flats rented on older occupational leases. The landlord can only increase the rent once a year and it has to be in accordance with the law. If the landlord increases the rent, they have to let the tenant know in writing at least 3 months in advance.
  3. Payments
    • You are also required to pay for services related to using the flat (heating, water, removal of waste water, etc.). You pay an advance for those services once a month. Once a year, these services are calculated and you either pay any outstanding payments or the landlord returns any overpayments to you.
    • The rent and advanced payments for the services are paid on a monthly basis. The date is set by a mutual agreement. If you fail to pay the rent and advanced payments for the services within 5 days of the set date, you are obliged to pay a delay fee.
    • You usually make the payment for electricity and gas directly to the provider after registration with the organisation.
  4. Discounts
    • In some cases, you might be given a discount on rent. That happens, for example, when the landlord fails to carry out a repair in the flat, which was their responsibility. If this affects the use of the flat, you have a right to a discount on rent and services. The discount is calculated according to the Civil Code

How to cancel the renting of the flat?

There are several ways the occupational lease can be over or cancelled:

By the expiration of the set period:

If the occupational lease was for a definite period of time and there was not an agreement on its extension, the flat renting is over by the set date. You are not entitled to a substitute accommodation.

By a written agreement:

A written agreement to end the occupational lease can be made between you and the landlord at any time.

By a written notice:

If you wish to end the occupational lease, you must write a written notice. The notice must contain the date on which the lease is to be over. It must be given to the landlord not less than 3 months before the ending date. You do not have to state a reason for ending the lease.

If the landlord wishes to end the occupational lease, they can do so only for reasons stated in the Civil Code. For some reasons they also need the consent of the court. These include:

  • The landlord needs the flat for themselves, spouse or family members,
  • The tenant was working for the landlord and the work period finished,
  • The flat or the building needs to be used for public interests,
  • The flat or the building require repairs,
  • The flat is related to commercial premises and the owner of these premises wishes to use the flat.

In the case of the reasons above, you are entitled to a substitute flat.

In the following cases the landlord doesn’t need the consent of the court and you are not entitled to a substitute flat:

  • If you or the persons living with you violate sound practices in the building, despite having been warned in writing,
  • If you violate your obligations in terms of the lease, mainly because you failed to pay the rent and the services,
  • If you have two or more flats,
  • If you do not use the flat – without any valid reason – or only rarely,
  • If the flat is designed for disabled persons and you are not disabled.

You can file a complaint in their defence at the court if you feel the notice received from the landlord is invalid.

 

In other cases, the flat lease also ends if the tenant dies (unless the lease passes over to another member of their household). It can also end if the flat is destroyed.

When ending the lease, it is important to write a Handing over Report, where you confirm the handing over of the flat and its condition. It is also necessary to record in the report the readings of heat and water meters, along with the billing and possible debts.

When the renting does not end:

  • If you decide to vacate the flat – that does not automatically end the lease.
  • The lease also doesn’t end when there is a change in the landlord.

 

If you wish to learn more information, you can consult this document.

Source:

www.mzv.gov.cz