Residential lease (flat)
1.Parties
- 1.1
Landlord's full name, OIB Landlord's OIB, residing at Landlord's address (hereinafter: the landlord),
- 1.2
and Tenant's full name, OIB Tenant's OIB, residing at Tenant's current address (hereinafter: the tenant),
The Act allows one tenant, or both spouses. List other adults as occupants in section 3. A foreign tenant can get an OIB from the Tax Administration.
- 1.3
have concluded at Place of signature, on Date of signature, the following residential lease.
- 1.1
2.The flat
- 2.1
The landlord owns the flat at Address of the flat, on floor Floor, with a floor area of Floor area m², consisting of Rooms, entered in land register folio number Land register folio (z.k. uložak), cadastral municipality Cadastral municipality (k.o.).
The tenant should check the land register that the landlord is the owner, or ask for the owner's written authority.
- 2.2
The landlord lets the flat to the tenant for living, and the tenant takes it on lease and undertakes to pay the agreed rent.
- 2.3
Optional
Together with the flat the tenant uses Extra rooms let with the flat, for which the tenant pays a separate fee of EUR Monthly fee for those rooms per month.
The Act requires a separate fee for a garage, storage or similar room let with the flat. Delete the clause if there is none.
- 2.4
The tenant may use the common rooms, parts and installations of the building needed to use the flat, and the land serving the building, in line with the house rules.
- 2.1
3.Occupants
- 3.1
The following persons will live in the flat with the tenant: Other people who will live in the flat.
The Act requires this list. Members of the tenant's household are jointly liable with the tenant for unpaid rent and damage.
- 3.1
4.Term
- 4.1
Optional
The lease is concluded for a fixed term, from Start date to End date of a fixed-term lease. It is deemed tacitly renewed for the same term unless either party, at least 30 days before the end of the term, informs the other in writing that it does not intend to conclude the lease for a further period.
Keep this clause or the next one. A landlord who wants new terms on renewal must offer them within the same 30 days. The tenant has 15 days to accept.
- 4.2
Optional
The lease is concluded for an indefinite period, starting on Start date.
Keep either this clause or the previous one. Under an open-ended lease the tenant can leave on 3 months' notice, and the rent cannot change in the first year.
- 4.3
Optional
The tenant may terminate a fixed-term lease before the end of the term by written notice, with a notice period of Tenant's early-exit notice months starting on the day the landlord receives the notice.
The Act gives no early exit from a fixed-term lease. Keep this clause if the tenant may need to leave early, for example for a job move.
- 4.1
5.Rent
- 5.1
The monthly rent is EUR Monthly rent (in words: Monthly rent in words euros).
The rent is freely agreed. Protected rent applies only to tenancies listed in the Act.
- 5.2
The tenant pays the rent in advance, by day Day of the month by which rent is paid of each month for the current month, to the landlord's account IBAN Landlord's IBAN.
Bank payment gives both sides proof. It also matches what the landlord reports to the tax office.
- 5.3
During the lease the rent may change only by written agreement of the parties. Under an open-ended lease, either party may, after one year, propose a change of rent in writing in accordance with article 10 of the Residential Lease Act.
If a proposed rent exceeds the cap in article 10, the tenant can ask a court within 30 days to set it, and meanwhile pays the agreed rent.
- 5.1
6.Utility and building costs
- 6.1
In addition to the rent, the tenant pays for electricity, water, gas, heating, waste collection and telecommunications, as well as Other costs paid by the tenant, according to the suppliers' bills and by their due dates, and shows proof of payment on the landlord's request.
The Act requires the lease to list the costs and how they are paid.
- 6.2
The landlord pays the building reserve fund contribution and the taxes and other public charges on the flat.
By law the owner pays the reserve fund and the public charges on the flat.
- 6.1
7.Deposit
- 7.1
On signing this lease, the tenant pays the landlord a deposit of EUR Deposit as security for rent, housing costs and compensation for damage to the flat.
The current Act sets no deposit rule or cap. The draft new Act would make one month's rent the default.
- 7.2
The landlord will return the deposit to the tenant within Days to return deposit after handback days after the flat is handed back, less only amounts due and unpaid under this lease and the cost of repairing damage recorded in the handback record. The landlord will explain each deduction to the tenant in writing.
Normal wear from ordinary use is not damage and cannot be deducted.
- 7.1
8.Handover
- 8.1
The landlord hands over the flat to the tenant, fit for living, on Date of handover of the flat. On handover the parties draw up a record of the condition of the flat, furniture and equipment, the meter readings and the number of keys handed over. The record forms part of this lease.
The Act requires the handover record. Use the inventory report template and add photos.
- 8.2
The landlord has given the tenant a copy of the energy certificate of the flat.
The owner must hand over the energy certificate or a copy when letting.
- 8.1
9.Use and maintenance
- 9.1
The tenant must use the flat with care, protect it from damage and follow the house rules of the building. The tenant must not alter the flat or the common parts of the building without the landlord's prior written consent.
- 9.2
The landlord keeps the flat fit for living and carries out necessary repairs at the landlord's cost. The tenant must inform the landlord without delay when a repair is needed. The tenant bears the cost of minor repairs and of ordinary use of the flat.
If the landlord does not repair in time, the tenant may repair urgent defects and claim the cost.
- 9.3
The tenant is liable for damage caused by the tenant or by the persons living with the tenant, to the flat and to the common parts of the building.
- 9.1
10.Access
- 10.1
The tenant must allow the landlord, or a person the landlord authorises, to enter the flat to carry out necessary repairs and to check the use of the flat, with at least Days of notice before landlord entry days' prior notice, except in an emergency.
The Act gives the landlord a right of entry for repairs and checks. A notice period protects the tenant's privacy.
- 10.1
11.Subletting and other occupants
- 11.1
The tenant must not sublet the flat or any part of it, or let a third party use it, without the landlord's prior written consent.
A tenant who sublets with consent must file the sublease with the tax office and give it to the landlord.
- 11.2
A person not named in this lease must not use the flat for more than 30 days without the landlord's permission, except the tenant's spouse, descendant, parent, a person the tenant is legally bound to support, or a person who provides the tenant with necessary care.
- 11.1
12.Termination
- 12.1
The landlord may terminate this lease if the tenant or other occupants use the flat contrary to the law or to this lease, in particular if the tenant does not pay the rent or housing costs on time, sublets without permission, disturbs other residents' peaceful use, or does not use the flat for living.
- 12.2
Before giving notice the landlord must warn the tenant in writing to remove the ground for notice within 30 days, unless the tenant has acted against the lease or the law more than twice. Notice is given in writing with reasons, handed to the tenant against signature or sent by registered mail. The notice period is three months and starts on the first day of the month after the month in which the notice is received.
These steps come from the Act (art. 19 and 22). If the tenant refuses the letter, the period runs from the day it was posted.
- 12.3
Optional
The tenant may terminate an open-ended lease by written notice to the landlord at least three months before the day the tenant intends to move out.
Delete this clause for a fixed-term lease and use the early termination clause in section 4 instead.
- 12.1
13.Handback
- 13.1
When the lease ends, the tenant hands the flat back to the landlord in the condition in which the tenant received it, allowing for changes from ordinary use, together with all keys. The parties draw up a handback record.
- 13.2
Optional
The tenant agrees that, once this lease has been solemnised by a notary, compulsory enforcement may be carried out directly on its basis to collect rent and housing costs that are due and unpaid, and to vacate and hand over the flat after the lease ends.
Keep this clause only if a notary solemnises the lease. It lets the landlord enforce without a lawsuit, so the tenant should read it with care.
- 13.1
14.Filing the lease
- 14.1
The landlord will send this lease and every rent change to the local authority department responsible for housing and to the competent Tax Administration office, and will inform the co-owners' representative of the building about the tenant.
The landlord must also register as a taxpayer with the RPO form within 8 days of the first rent, unless a notary already sent the lease.
- 14.1
15.Final provisions
- 15.1
Amendments to this lease are valid only in writing. The Residential Lease Act and the Obligations Act apply to matters this lease does not regulate.
- 15.2
Disputes under this lease go to the court with subject-matter jurisdiction in Place of the competent court. The lease is made in four identical copies, one for each party and two for filing with the authorities.
- 15.1
16.Signatures
- 16.1
Landlord: Landlord's full name, handwritten signature. Tenant: Tenant's full name, handwritten signature.
Each party initials every page and the handover record.
- 16.1