Would you like to rent an apartment, but do not know what the landlord can ask for and what not? In this article I mention 7 points that are of interest to both tenants and landlords most often.
The civil code of the Czech Republic provides tenants with considerable protection, therefore even if you have already concluded a lease agreement, it is not possible to deviate from the points below by agreement between the tenant and the landlord. Thus, even if your lease agreement says otherwise, your rights and obligations under the law, specifically the Civil Code (Act No. 89/2012 Coll., Civil Code) are still maintained.
Moreover, it is irrelevant whether you are a foreigner or a citizen of the Czech Republic.
Limit of Deposit
The maximum deposit, i.e. the money that serves as a security for the landlord, is the equivalent of three months’ rent. Here it is necessary to pay attention to the distinction between rent and service charges, because the law clearly speaks only of rent. Therefore, if the rent is, for example, CZK 10,000 per month and the service fee is CZK 3,000 per month, the landlord is entitled to demand a maximum deposit of CZK 30,000, not CZK 39,000.
Lease Agreement for Fixed-term Agreements may be Renewed Only Twice
A popular among landlords is the continuous extension of a fixed-term lease. It is quite understandable, because it is much more difficult to terminate a fixed-term lease agreement and make the apartment empty.
However, the law takes this into account when it stipulates that a fixed-term lease agreement can be extended only twice, after which the fixed-term lease agreement becomes indefinite. So, if the landlord has already extended the same lease agreement several times, you do not have to worry that you will have to leave the apartment after the lease period.
Authorization to Increase Rent by up to 20%
Are you worried that your landlord will increase your rent? Here it depends on what you agreed with the landlord in the lease agreement. If you have not agreed to increase the rent, the landlord is entitled to increase the rent by a maximum of 20% in a total of 3 years. You do not have to worry about the increase of rent by tens of percent per year.
Right to Discount on Rent
Unfortunately for the tenants, the same applies to a reduction in rent. For example, if there is a long-term reconstruction of the building and there is a significant noise for an extensive period of time, the tenant is entitled to claim a discount on the rent. This is true even if, for example, the rental rates of similar properties in the area have dropped significantly, so you would like to pay less. A similar rule applies as for rent increases, namely a reduction of maximum 20% in 3 years. However, if the landlord does not agree with the reduction, you, as the tenant, have no choice but to go to court which will determine the new rent.
Consent to Placement of Permanent Residence
A common myth is that a tenant needs the landlord’s consent to place his permanent residence in the property. This is not the case, for the proper registration of permanent residence is enough as evidence the lease agreement itself, there is no need for the consent of the landlord. So, if you would like to have a permanent residence in the apartment and you have a lease agreement, just go to the department of population and ask for a change of address of your permanent residence.
Possibility to Rent a Room
Have you rented a large apartment and would like to rent a room temporarily or permanently? From a legal point of view, it is a sublease (i.e. the tenant leases the property). In general, this is possible, and you do not even need the landlord’s approval. This applies on condition that you live in the apartment yourself. So, nothing prevents you from earning extra money by renting one room through Airbnb.
Pets and Smoking
In conclusion, I would like to mention a very widespread myth, namely the fact that the landlord is entitled to prohibit tenants from smoking and raising pets in the apartment. He is not entitled to do either, so the tenant can smoke or keep animals in the apartment. However, as a tenant, you must not forget that you must not restrict or unduly disturb other occupants of the house. For example, constant barking of a dog or frequent smoking on the balcony can disturb other occupants of the house.
In addition, if a pet or smoking in any way damages the apartment, then of course, as the tenant will be responsible, and you will have to restore the apartment.
Would you like to ask about anything or do you need consultation? Feel free to contact me anytime.
