06.07.2012
1. Lease of an apartment
1.1 Subject matter of the lease
Description of the subject matter of the lease is a very important issue, residential lease agreement is de facto a permission to use an apartment, and therefore, it should contain precise description of what the subject matter (i. e. premises) of the agreement is. It should include a number and location of the flat in the building (especially the floor), and also its appurtenances that are placed outside of the apartment: a cellar, a laundry room etc. If the appurtenance is not included within the contract, the lessee does not have a legal title to such premises.
1.2 Rent
The lease agreement must contain the way of calculation of the rent and also of the reimbursement for services connected to the use of the flat. This is an essential element of the agreement and it can make it void, if missing. After the end of the relevant service accounting period, lessor should submit the calculation of the reimbursement and return any overpayment to the lessee, unless the rental agreement contains a fixed service charge which is also possible under Czech law.
1.3 Default in payment
In case of default in payment of the rent or services connected to the use of the flat, the lessor is entitled to request default charge of 0,25 % of the amount of the rent in arrear for each day of delay (91.25 % per year) and can terminate the agreement by a three-month termination notice.
2. Termination of the lease
2.1 Withdrawal from a rental agreement
Lessee is entitled to withdraw from the agreement, if the premises are uninhabitable, or if the third party claims some right to the apartment, which is incompatible with the lessee’s rights.
2.2 Notice of termination of a lease
Other forms of termination of the lease are a written agreement between the lessor and the lessee (signatures of both are necessary) or a written lessee’s termination notice. The written termination notice must specify the period during which the lease is to expire, this period must not be shorter than three months so that it ends at the end of a calendar month. The lessee may terminate a residential lease for any reason.
3. Use of the apartment address for the visa purposes
The address of an apartment may be used as a proof of accommodation for any kind of visa. The original or a notarized copy of the lease agreement should be attached to the application for visa.
4. Use of the apartment address for a seat of company
An apartment may be used for a seat of the company, only if the subject of the business activity can be executed in the apartment, e. g. translators, accountants etc. That means that the apartment is still mainly used for living and the lessee performs there only administrative works. Application to record a seat of a company into the Commercial Register shall contain the proof of title to use the premises where the company will have the registered office. The lease or a written statement of the lessor/owner not older than 3 months is a sufficient proof
Contact:
Monika Rutland, partner
rutland ježek, law firm
t: +420 226 236 600
About rutland ježek:
The rutland ježek law firm in Prague focuses mainly on business law, real estate law, litigation, finance and banking law; the firm is ready to provide adequate comprehensive consulting thus offering an alternative for clients of international law firms. The international dimension of the provided services is guaranteed by its track record and cooperation with leading law firms in most European countries, the USA and other jurisdictions. Czech lawyers of the rutland ježek team have long experience in providing legal consulting to transnational corporations, large Czech companies as well as medium size firms and individuals, acquired in leading international law and tax firms. More on www.rutlandjezek.com.
