Lease of a flat (Civil Code § 685 ff.)
1.Parties
- 1.1
Landlord: Landlord's full name, born on Landlord's date of birth, permanently residing at Landlord's permanent address, contact Landlord's phone and email (the "landlord").
List every owner on the ownership sheet, or the company with its ID number (IČO).
- 1.2
Tenant: Tenant's full name, born on Tenant's date of birth, residing at Tenant's current address, identity document number Tenant's ID card or passport number (the "tenant").
List every tenant.
- 1.3
The parties conclude this lease of a flat under § 685 et seq. of the Civil Code. The lease is not concluded under Act 98/2014 on the short-term lease of a flat.
The second sentence removes doubt about the regime. A short-term lease needs a different contract.
- 1.1
2.Flat and scope of use
- 2.1
The landlord owns the flat at Address of the flat, registered on ownership sheet no. Ownership sheet no. (list vlastníctva), cadastral area Cadastral area (katastrálne územie) (the "flat").
Give the street, number, flat number, floor and entrance.
- 2.2
The landlord lets to the tenant the flat with Number of rooms living rooms and a floor area of Floor area m², with these accessories: Accessories and extra spaces, and with this furniture and equipment: Furniture and appliances.
The lease must identify the flat and the scope of use (§ 686(1)). A full list of furniture belongs in the handover protocol.
- 2.3
The tenant and the people living with the tenant in the same household may also use the common parts and facilities of the building.
- 2.1
3.Purpose
- 3.1
The tenant will use the flat only as a home. Besides the tenant, these people will live in the flat: Other people who will live in the flat.
Use of the flat for other purposes without consent is a ground for notice (§ 711(1)(g)).
- 3.2
The tenant must use the flat and the common parts and facilities of the building properly and follow the house rules.
- 3.1
4.Term
- 4.1
The lease is for a fixed term from Start date of the lease to End date of the lease. The lease ends when this term expires.
A fixed-term lease of a flat does not renew by itself when the tenant stays (§ 710(2)). Extend it only by a written addendum.
- 4.2
The parties may extend the term by a written addendum to this lease signed before the term expires.
- 4.1
5.Rent
- 5.1
The rent is Monthly rent euros (in words: Monthly rent in words, in Slovak euros) a month.
- 5.2
The tenant pays the rent together with the advance for service charges in advance, by day Day of the month by which rent is paid of each calendar month at the latest, to the landlord's account Landlord's bank account (IBAN).
Without this clause, rent is due monthly in arrears (§ 671(2)).
- 5.3
Optional
Once a year, on the first day of Month of the yearly rent review, the landlord may raise the rent by no more than the inflation rate for the previous calendar year published by the Statistical Office of the Slovak Republic. The landlord gives the tenant written notice of the increase at least 30 days in advance.
Keep it if the lease runs longer than a year. § 696(1) leaves the cases of a unilateral increase to a special law, so an agreed review clause avoids a dispute.
- 5.1
6.Service charges
- 6.1
The tenant pays a monthly advance for service charges of Monthly service advance euros. The advance covers: Services covered by the advance.
List every service the advance covers, for example cleaning of common parts.
- 6.2
The landlord settles the advances against the actual costs within 30 days of receiving the building manager's annual statement. The landlord refunds any overpayment, and the tenant pays any shortfall, within 30 days of delivery of the settlement.
The 30-day periods are a contractual choice. Attach the manager's statement so the tenant can check it.
- 6.3
Optional
The tenant buys electricity and gas under contracts with the suppliers in the tenant's name, unless the parties agree otherwise.
Delete it if the landlord keeps the supply contracts and recharges the cost through the advance.
- 6.1
7.Late payment
- 7.1
If the tenant does not pay the rent or the service charges within five days after they fall due, the tenant must pay the landlord a late payment fee in the amount set by Government Regulation of the Slovak Republic No. 87/1995.
The fee is 0.5 per mille of the debt per day, at least 0.83 euros for each started month (§ 697; Regulation 87/1995, § 4).
- 7.1
8.Deposit
- 8.1
On signing this lease, the tenant pays a deposit of Deposit euros to secure the rent, the service charges and compensation for damage to the flat and its equipment.
The Civil Code sets no cap for this lease. Agree a sum the tenant can afford, pay by bank transfer and keep the proof.
- 8.2
The landlord returns the deposit, or its unused part, to the tenant within Deposit return, days after handover days after the flat is returned. The landlord may set off only claims due under this lease that the landlord itemises to the tenant in writing.
Act 98/2014 sets one month for a short-term lease. A similar period is fair here.
- 8.1
9.Handover
- 9.1
The landlord hands the flat over to the tenant in a condition fit for proper use on Date of handover of the flat and keys, together with Number of keys handed over keys. The parties sign a handover protocol with a description of the condition of the flat and its equipment and the meter readings, which is annexed to this lease.
The lease should describe the condition of the flat (§ 686(1)). The protocol does that.
- 9.2
On signing this lease, the landlord gives the tenant a copy of the building's energy performance certificate.
The owner must do this when the building is let (Act 555/2005, § 8(2)(c)).
- 9.1
10.Repairs and maintenance
- 10.1
The tenant pays for minor repairs in the flat related to its use and for routine maintenance costs as defined in Government Regulation of the Slovak Republic No. 87/1995. The landlord pays for all other repairs.
This is the statutory default (§ 687(2)). The tenant does not pay for repairs needed before the lease started (Regulation 87/1995, § 7).
- 10.2
The tenant tells the landlord without undue delay about repairs that the landlord must carry out, and allows them to be done. Otherwise the tenant is liable for the resulting damage.
This repeats § 692(1).
- 10.3
The tenant must not make building alterations or any other substantial change in the flat without the landlord's written consent, even at the tenant's own cost.
§ 694 requires consent. Asking for it in writing avoids disputes.
- 10.4
After giving at least 48 hours' notice, the landlord may enter the flat to check its condition or carry out repairs. In an emergency, such as a burst pipe, the landlord may enter without notice.
- 10.1
11.Subletting
- 11.1
The tenant may sublet the flat or part of it only with the landlord's prior written consent.
This is the statutory rule (§ 719(1)). Subletting without written consent is a ground for the landlord's notice (§ 711(1)(d)).
- 11.1
12.End of the lease
- 12.1
The lease ends when the agreed term expires, by written agreement of the parties, or by written notice.
- 12.2
The tenant may give written notice to end the lease before the agreed term expires, without giving a reason.
This clause makes the tenant's right to leave early explicit. Delete it only if both parties accept that the tenant is bound for the whole term.
- 12.3
The landlord may give notice only on the grounds listed in § 711(1) of the Civil Code. The notice must describe the facts of the ground so that it cannot be confused with another ground.
A notice without a precise ground is invalid (§ 711(2)). The tenant can challenge it in court within 3 months of delivery (§ 711(6)).
- 12.4
The notice period is three months and starts on the first day of the month after the month in which the notice was delivered to the other party.
This follows § 710(3). Send the notice by registered post or hand it over against a signed receipt.
- 12.1
13.Return of the flat
- 13.1
On the day the lease ends, the tenant clears the flat and returns it to the landlord in the condition in which the tenant received it, allowing for normal wear, together with all the keys. The parties sign a handover protocol on the return.
- 13.1
14.Special conditions
- 14.1
The parties also agree: Special conditions.
Use them for practical points such as pets, smoking, parking or a garden. Do not change the notice rules of § 710 and § 711.
- 14.1
15.Final provisions
- 15.1
The lease can be changed only by written addenda signed by both parties. This lease is governed by the law of the Slovak Republic. If the lease is made in two languages, the Slovak text prevails.
- 15.2
The handover protocol and the copy of the energy performance certificate are annexed to the lease. The lease is made in two counterparts, one for each party.
- 15.1
16.Signatures
- 16.1
At Place of signature, on Date of signature. Landlord: signature. Tenant: signature.
- 16.1