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Lease contract

Lease contract

Lease contract is a basic, legally assumed tenancy. If you rent an apartment for housing, for example, you do not actually encounter this contract, because this type of contract assumes rent and lease in general. You will meet it more likely when you rent a car, when you rent offices for your company, etc. Both real estate and movables fall under the general lease agreement. If we take into account that you want to lease something for living, it will be a rental agreement for the apartment or house. And that type of contract is governed by §§2235 et seq. and as I explained earlier, this is a special legislation to a general Lease. “Lease to apartment or house”. Nevertheless, in 99% of cases, you will encounter contracts that are entitled only as "Lease Agreement" and below you only may find "according to §2201 et seq. cat.” In such a case, there is no need to despair - the legal action is assessed according to the content, not the title and if you rent an apartment or a house for living in this way, you simply have a lease agreement for the apartment / house, regardless of the title. We will also use the term "Lease Agreement" in this sense. So from now, whenever you will see Lease contaract – it is ment for Lease contract for apartment or house.

Such a lease is great for tenants, not so much for landlords. Talking about rights: there is so-called "weaker party". This means that when a contract is concluded, one of the parties is considered weaker by law – the weaker party does not have much power to enforce its terms and conditions and therefore the law thinks more about it. (Another example is an employment contract, where the employee is also considered a weaker party and has more rights) This party is then more protected by law. Here, for example, if the law says something and the landlord, as a stronger party, writes in the contract something that is worse for the tenant than the law says, the law looks at such an arrangement as if it doesn’t exists at all.

E.g. Case Dog: The law says that a property owner cannot ban animal husbandry unless it causes disproportionate inconvenience to the owner or other residents. (§ 2258) Yet in the vast majority of the treaties I have seen, there is a paragraph banning animal husbandry. However, according to the law, if you buy a dog that does not “go” to the common corridor, does not bark 24/7, etc., it is not possible to forbid you and the paragraph is as if it was not there. Termination of the lease for such a reason would definitely be invalid."

"In the same way, it is often stated in the contract that if the rent is not paid within 10 days after the due date, the owner has the right to terminate the contract immediately. However, not by law. It says that the lease can be terminated immediately only for particularly serious reasons. And non-payment as a particularly serious reason is stated here, however, not with a period of 10 days, but 3 months!" Again, an example where a rule in law, not a contract, would definitely be used. There are indeed many of such examples and everyone goes with the red thread in the knowledge that the tenant is the weaker party and most provisions of the Civil Code take precedence over the provisions of the contract!

Before reading such a lease and deciding on the individual provisions, you should know what the complete basis is or should be in the contract. Simply put, it has to be simple Who, to whom, and what. Here also, for how much. So, who rents. Here you need to verify that the name on the contract really corresponds to the property owner according to the real estate cadastre (how to verify can be found here). Then you need to verify that the subject of the contract is really the apartment / house you want and that it is correctly defined. There are two ways in which the property is to be identified in the contract, but I will not burden you with that. All you have to do is verify (again in cooperation with the cadastre) that the unit number is correctly stated in the contract (if it is an apartment), the plot number is correct, and there is stated Cadastral area. Everything else, such as address, floor, apartment size is a good bonus, but it does not replace these 3 basic details!

That was who and what, now to whom - to verify whether, as a tenant, you have correctly provided your own identification data. (Name, date of birth and address of permanent residence are sufficient). A common question here is whether it is better, for example, to write your wife as a co-tenant, or to list other people only as the owner's consent to their housing. And this is a question that would be published in the next article, a lot of pros and cons and situations where this or that may be better. So maybe sometime in the future ????. It's probably enough to say that it doesn't matter much, both are possible. There is another requirement for leases. Somewhere it must be stated, "for how much".

Also one important thing about the contract not in content, but in form! By law the lease must be in writing! However, even in this case, the previously mentioned protection of the weaker party appears here too. This would lead to a situation where you move in, the contract is promised to you, but it is still not written and the owner starts threatening to evict you at any time, etc., because you have no contract and so no protection. The law thinks of you and says that the invalidity of the contract for lack of form cannot be blamed on the tenant. So in such a case you get into a situation where the law protects you but not the owner and the effort to circumvent the law by not having the contract in written turns against the owner.

Finally, a warning! Transfer Protocol! It is not part of the contract, it is usually its annex and always make sure that when you hand over or take over the property, you have one. We will talk about this even further in a separate article, but it is such a crucial thing that I will draw attention to it in every previous article.

If you know all the above about the lease, you should be ready to negotiate, check and conclude one without much risk. However, if you are still unsure, contact us, we can check the contract and notify you of any defects. And as usual in RELP – free of charge ????.


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