Some of the rights and obligations of the tenant and the landlord in the contract can be modified differently from the bill even further. The lease contract may not be provisions which impose inappropriate obligations tenant. While they are explicitly prohibited any penalty. "The prohibition of unfair provisions based on the general requirement relating to the lease of the apartment to the tenant as the weaker party protected by law," says Luke Green, head of the legal department Dtest.
Among the prohibited provisions also include restriction of animal husbandry in the apartment. "But of course, farming must not damage the apartment, and the main purpose of use of the dwelling must remain permanent housing tenants and members of his household. Therefore it is not possible in a rented flat, for example, set up a breeding station, "says Green.
Furthermore, the contract must include unacceptable provisions in the form of a ban on visits, no smoking, no business or expanding legal reasons for resigning from the lease of the apartment by the landlord. "By law, the provisions should not be manifestly disproportionate to the circumstances. This means that it is necessary in some cases the inadequacy of the provisions considered individually, "says Green.
Negotiations tenant is always limited by the so-called right neighborly. Smoking, animal husbandry, business or other activity undertaken in an apartment not through peace bother other residents of the house and threaten them. "The tenant must behave in an apartment, for example, a dangerous snake that could escape from the apartment in an apartment run the workshop or smoking from dawn to dusk on the balcony," says Green.
If the lease contains an arrangement that, for example, imposes an obligation to the tenant to pay the landlord a penalty or other obligation, which is due to circumstances manifestly excessive, the law is disregarded to such an arrangement. That tenant means that such a provision does not have to drive.
Consulting in lease relationships and relationships related to housing provides dTest thanks to financial support from the Ministry for Regional Development of the project dTest helps with problems with housing.
Source: tz dTest.cz
