The landlord and tenant can conclude an agreement on termination of tenancy, regardless of whether the lease was concluded for a definite or indefinite period. Given that the contract for renting a flat has to be in writing, about the termination of the lease agreement should also be in writing. If for participants sign an agreement for their agents, it is necessary to verify whether acting under a power of attorney. "In the event that a rental apartment owned by a legal entity, it is recommended to consult the public register and verify whether a company representative authorized to sign the agreement on termination of the lease, "says Luke Green, chief legal counseling dtest.
In the case of joint tenancy husbands can enter into an agreement to lease only one spouse without the consent of the other. Similarly, addressing a joint tenancy multiple tenants. Even if not one of the joint tenants enter into an agreement for the other tenant, unless he has their consent.
Besides the agreement on the termination of the lease, to which both parties must agree, it is possible to submit a unilateral termination of the lease of the apartment. It must always be in writing and must be delivered to the other party. "It should be stressed that in a writing filed notice does not send regular e-mail," p řipomíná Green and adds more mandatory requirements: "The notice must always be stated, who is providing it and to whom it is intended. It must also include the designation of a rented apartment and unambiguous expression of intent to terminate the tenancy. If the lessor or lessee more participants should notice always point to all of them. "
The lessee is entitled to terminate the contract of tenancy closed for an indefinite period at any time without giving a reason. Contract concluded for a definite period can be terminated only if the circumstances have significantly changed, from which the parties in the development of a lease based. The notice required by law for three months. Exceptionally, if so provided by law, be given notice and without notice.
The landlord may terminate the lease only under conditions that the law expressly states. These include the non-payment of rent and service charges for more than three months, irreparable damage to the apartment or house tenant, committing an intentional crime against the landlord, a member of his household or any other person that the house he lives, possibly against foreign assets in the the house is located. The law knows the reason, if the landlord needs the apartment for their own housing needs and housing needs for their families.
The landlord must always give testimony in a specific legitimate reason. Suffice, if the reason given in general, it must always be factually specified. Termination from the landlord must include instruction tenants on how to submit objections and claims for review of reasonableness of the notice by the court within two months from receipt of notice.
When notice of termination of the lease of the apartment is also necessary to ensure the proper delivery of the other party. "If you notice send by mail, is to be chosen by postal shipments to the addressee and provide it with acknowledgment of receipt, on the basis of which you know when the notice was served. This is particularly relevant for determining the start of the notice period, "says Green, adding:" By law it is considered that the consignment sent by mail was delivered on the third working day after dispatch. Denunciation shall be deemed to be delivered, even if the addressee expressly refuses shipment to take notice. "
Source: tz dTest.cz
