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Old 02-10-2018, 09:05 AM   #1
Mr. Questionman
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Default Sublease & Rental agreements in the Czech Republic

Contracts for free market rentals are governed by certain regulations in the Czech Republic. The tenant has rights concerning the state the flat is in, rental costs etc. This is not the case for subletting contracts.

The new Civil Code (effective since January 2014) amends some provisions concerning, for example, the termination of the lease or its increase. It also does not count on renting a flat permanently automatically, for example, to relatives, albeit with the original resident of the flat. This will also be reflected in the form of rental contracts.

In the free market, the parties may negotiate any period of contract. If no period is stipulated the contract is valid for an indefinite period. The contract must be in writing.

The tenant may cancel the contract at any time by giving three months’ written notice, without stating a reason. The landlord can only cancel the contract for a serious reason, such as the need to use the flat for his own family. It is common to conclude free-market leases for rather short periods, like one or two years. After that the tenant has to leave the flat. If he keeps living in the flat and the lessor does not intervene within 30 days, the contract is automatically extended, normally for another year.

New developments introduced by the new Civil Code

The new Civil Code also deals with the conducting of business or keeping of animals in the apartment.

New developments introduced by the new Civil Code include, for example, that a tenant may have an animal or business at home (this has been possible so far but has not been regulated to allow for increased costs to be taken into account ) without the owner's consent. However, a lease agreement should be noted - for example, both parties may agree to increase advances on the use of the lift and common areas if they are more burdened by the tenant's activities. These passages are also bold in the proposal as part of the contract.

Similarly, you can also go out of these passages regarding bail or transfer of the lease to other persons.

What is rent and sublease

The rent is incurred when the owner of the apartment rents this apartment or its part to another person. The landlord may also be a municipality, town, apartment owners and owners of apartments in personal or cooperative ownership.

The relationship is regulated in the lease. From January 1, 2014, all lease agreements are governed by the new Civil Code, even those previously closed. The owner can not restrict the tenant in his rights, such as smoking or animal behavior.

Sub- tenancy arises in an apartment that has someone else in the lease (ie has a tenancy agreement with the owner of the flat) and does not need it at the moment. It is possible to rent the whole apartment or only part of it. And without the consent of his owner. You sign the sublease agreement with the tenant, not the owner.

However, the tenant must live in the apartment. If he lives elsewhere, he has to let the owner know, inform him about the new tenant, and have permission to move from him. The relationship between tenant and sub-tenant is governed by a sublease contract. All the advantages that the tenant has, however, terminate with the sublease.

The sublet has much lesser rights than the tenant. Sub-lease may be terminated without giving reasons, unless the parties agree otherwise, and the sub-lease always ends at the latest with the termination of the lease. Everything that is in the contract always applies. The tenant's protection does not apply here.

Source:
1) iDnes.cz
https://bydleni.idnes.cz/najemni-sml...431_stavba_web

2) JustLanded.es
https://www.justlanded.es/english/Cz...ntal-contracts

3) SFRB.cz
http://www.portalobydleni.cz/nastroj...keho-zakoniku/
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