Termination of the lease by law must always be given in writing, must contain a proper statement of reasons and instruction tenants of his right to raise objections against dismissal and propose to review the legitimacy of the termination.
"Possible reasons for the termination, the law deliberately formulated in relatively vague, so that each case testimony is needed to evaluate individually, taking into account the particular circumstances," says Luke Green, head of the legal department Dtest, adding: "true, however, that it is always necessary in testimony reasons certainly enough to describe. Tenants must be content testimony know specifically what is, according to the landlord a reason for dismissal. And those grounds must be reviewable. "
Unless the tenant and the landlord agreed a longer notice period of three months and runs from the receipt of notice from the lease of the apartment. Shorter than the statutory three-month notice period can not be in relation to tenants negotiate.
The first legitimate reason for dismissal is a gross violation of obligation of the tenant under the lease. "This may be the failure to notify the landlord change the number of people using the apartment or persistent violation of the obligation to allow landlords check the status of a rented apartment," says Green.
Another reason for the termination of the lease of the apartment tenant is convicted of an offense against the landlord, the landlord household member or a person who lives in the building where the apartment is rented, possibly against foreign assets, which are located in this house.
The landlord is also entitled to give notice to the tenant of the flat lease in the event that continued use prevents the need to dispose of a residential house or apartment in the public interest, so that it will not ever use. "Under this item may hide cases where the relevant planning authority permanently prohibit further use of the house or apartment to housing because of the state of emergency, or on the house of a decision of removal of the building, "explains Green.
Specific grounds for the termination category consists of cases where the landlord needs to free apartment for himself, spouse or relative. "The landlord may give notice to the tenant if the divorce or already divorced and he and his wife intends for this reason to leave the family household. It is necessary that the divorce was least filed with the court, "said Green, adding:" The landlord may also give notice to the tenant if it needs to be for your relative or a relative of her husband in a straight line or a side line in the second stage. If the landlord one month after the eviction the tenant does not use the apartment for their needs or the needs of a husband or relative shall be re-rent the original lessee or his compensation. "
But the landlord may give notice to the tenant from other similarly serious reasons. The law does not specify what other compelling reasons can be a reason for termination. Each individual case statement will therefore be necessary to re-assess the particular circumstances. "Despite the fact that the law does not expressly state can, for example, as a reason for dismissal imagine a situation where formerly socially necessary tenant received in rent under favorable conditions communal apartment, which however subsequently stopped without serious due to continuous use for their own housing, "explains Green.
In exceptional cases of particularly serious breach of obligations the tenant may give the landlord his dismissal without notice. This is especially true if not paid when the tenant rent and the cost of service for at least three months, damages if the apartment or house serious or irreparable way, otherwise causes serious harm or inconvenience to the landlord or person who lives in the house or aging the use If the apartment illegally in any way or for any purpose other than agreed. Before filing such notice, however, the landlord is obliged to invite the tenant in advance, at the appropriate time remove his objectionable behavior, or remove illegal status.
Source: tz dTest.cz