Renting an apartment can be arranged for both indefinite and fixed terms. "If the leases are missing in the lease, it is valid for an indefinite period," explains Lukáš Zelený, head of the legal department of the consumer organization dTest.
The lease of a fixed-term flat ends on the date specified in the contract or may be extended by an amendment to the contract. "However, if the tenant is to use at least three months without the landlord in writing asking for the rented apartment, the lease is automatically extended for the period for which it was previously agreed. However, at most two years, " says Green. In such a case, the lease is renewed under the same conditions as the original lease.
If the landlord does not want to continue after the agreed lease period, the Civil Code is sufficient to give the tenants advance notice in due time. The law, on the other hand, stipulates that the landlord should ask the tenant to leave the flat in writing. If the landlord would have invited the tenant to leave only verbally, he would have to prove it in case of any dispute, so it is possible to recommend a written form of the invitation. Should the renter refuse to move out of the apartment after the expiry of the lease period, the lessor may not sue. The flat can be cleared through a court bailiff.
If the tenant does not wish to continue the lease, the procedure may be different. "If, on the day of the termination of the lease, the key is written into the mailbox and the energy is written out in his name, the lease is considered to be terminated and the lessor can be rented to someone else," says Zeleny, adding: "Of course it is better if the landlord The tenant will agree on the transfer of the flat and write down the protocol. " The log should state the status of the apartment, any faults and status of the meters.
The problem may be that if the apartment is left behind by the tenant. In the case of items of lower value, such as dishes, it can be concluded that the tenant has given up, but another situation is with regard to more expensive equipment, such as new electronics. "The lessor has to keep the things more expensive, and he can sell them after they have been asked in vain to pick them up. The amount to be deducted after deducting the costs associated with the sale should then be sent to the lessee's account. If he does not know him, he can put money into court custody. "
Source: tz dTest.cz