Terminating a lease. The rights and obligations of the tenant and the landlord when terminating a lease are set out in the Civil Code, Act No. 89/2012 Coll. Both leases and subleases can be ended in two ways – by agreement or by notice. The notice period is generally three months.
Agreement to terminate a lease
Do you need to end a lease before the agreed term expires? Try to reach an agreement. It is the most convenient and fastest option for all parties involved. An agreement to terminate a lease must be made in writing between the landlord and the tenant. Before the flat is handed back to the landlord, the property must be returned to its original condition.
Notice given by the tenant
With an open-ended lease, the tenant may terminate the tenancy at any time without giving a reason. With a fixed-term lease, you must state the reason for the notice. The law sets out the grounds on which a lease may be ended before the agreed term expires – for example, relocating for work or a change in health. A three-month notice period applies.
Termination of a lease by the landlord
The landlord is obliged to inform you of the specific reasons for terminating the lease. They must also give you the opportunity to respond and to have the notice reviewed by a court. If the notice does not include this information about the possibility of appeal, it is invalid.
Immediate notice to leave a flat can only be given in the case of a serious breach of obligations. The tenant must, however, be given a chance to remedy the situation. If another serious breach follows, notice with a three-month notice period may be served. The notice period starts on the first day of the month following delivery of the notice to the other party.
Serious breaches of obligations include failure to pay the rent and services for more than three months, using the flat for a purpose other than the one agreed in the contract, causing irreparable damage to the flat, or committing an intentional criminal offence against the landlord, a member of the household or another person living in the property.
Do you need advice on terminating a lease? Are you dealing with tenants who don't pay? At Flat Service, we take responsibility for problem tenants. Contact us, we'll be happy to help.
* All the information above consists of general provisions only and offers a basic insight into the issue of terminating a lease. To resolve specific problems, don't hesitate to contact the specialists at Flat Service directly.
