Who pays for repairs when a flat is damaged? Both the landlord and the tenant have their rights and obligations. Under § 2257 of the new Civil Code No. 89/2012 Coll. the landlord is obliged to keep the property in a condition fit for use throughout the tenancy. The tenant only covers routine maintenance and minor repairs connected with using the flat. The exact list of minor repairs is set out in § 4 of Government Regulation No. 308/2015 Coll. Repairs not listed in the government regulation may also be considered maintenance or a minor repair. That applies only if their total cost does not exceed 1 000 Kč.
If the flat is damaged by the tenant or by a person sharing the property with them, the tenant is obliged to cover all the repair costs.
Can I cover damage to the flat from the security deposit?
The security deposit is a voluntary financial advance for the landlord. It is agreed in writing and can be used to settle claims against the tenant. For example, unpaid rent, unpaid utility advances or repairs of damage to the flat that go beyond ordinary wear and tear.
The amount of the security deposit is set by law
The maximum security deposit is three times the monthly net rent, i.e. excluding advance payments for services. In practice, however, we commonly see deposits amounting to one or two months’ rent. The security deposit is agreed in the tenancy agreement, including the conditions for its return. When the tenancy ends, the tenant is entitled to have the deposit returned including interest. The rate should be stated in the agreement; otherwise, the interest is determined by the Civil Code.
Handing the flat back to the landlord
When the tenancy ends, the tenant is obliged to hand over the flat in the condition in which they took it over. Naturally, allowing for defects and wear and tear, caused by ordinary use. But what about painting, for example? Does the tenant have to repaint the flat before leaving? Painting falls under routine maintenance, and therefore under the tenant’s obligations. However, the law does not specify how often a flat must be painted. That is why we recommend including an arrangement on how often the flat is to be repainted in the tenancy agreement.
Do you need advice on a specific case of damage to a flat? Contact us, the specialists at Flat Service will be happy to help.
* All the information above consists of general provisions only and offers a basic insight into the issue of damage to a flat. To resolve specific problems, do not hesitate to turn directly to the specialists at Flat Service.
