All about the lease or how to write a lease agreement

Looking for an apartment for rent? Do you own a rental house? How to rent an apartment in private ownership? Whether you are a tenant or a landlord looking to rent out your property, find out what all the details of a tenancy agreement should be. This will prevent potential disputes and misunderstandings that often end up in court. We will also touch on the topics of leases of non-residential premises, cottages, land or garages and vehicles.

Vše o nájmu aneb jak napsat nájemní smlouvu
11 minutes of reading

Chapters of the article

Rental properties

Rental property is becoming increasingly popular. Rental apartments are considered a secure investment, but more and more people are also interested in long-term rental housing for themselves. A landlord wants to guard his property as much as possible and at the same time wants to make a profit. The tenant, on the other hand, wants the cheapest property with the greatest degree of freedom. Renting is actually letting someone else use a particular property, but for a fee. Although the Czechs are gravitating towards owner-occupied housing, rental housing is still and will continue to be a more popular and preferable form of housing for some of the population. Moreover, the interest in it has been growing recently. However, renting an apartment, renting a family house or just renting a room should not be underestimated. Nobody wants to live in an insecure home without a tenancy agreement, even if it is with a relative they know. We certainly cannot recommend it.

Apartment lease agreement – what should it look like?

The law says that a tenancy agreement should always be in writing. The requirements of a tenancy agreement are as follows:

  • 1) Identification of the parties: the tenancy agreement must contain the name or specifications of the landlord and the tenant. You should have all the information verified, especially if you do not know the persons you are dealing with. It should also include the permanent residence of both parties, preferably with their birth or ID numbers. You can also include any contact details that may be useful (e.g. email).
  • 2) The subject of the lease: the more specific you are, the better. This should include details from the Land Registry, i.e. the plot number, address, specific floor or exact layout and area of the property. Tenants should not forget to ask the landlord for proof of ownership (extract from the Land Registry).
  • 3) Payment of rent and methods of payment: one of the most important questions is definitely the amount of rent. Both the tenant and the landlord should find out what the rent is locally Furthermore, it is also important to determine whether the rent will include, for example, the amount of sewerage, cleaning of common areas, gas deposits and so on. Don’t forget the due date. You can also specify the frequency or how the payment will be made. Rent is usually paid monthly in arrears.
Průměrná cena za m2
Průměrná cena nájmu bytu za m2 v roce 2021 — Zdroj Aktualne.cz

Tip: Read about extending your lease

  • 4) Rental period: It is important to specify in the lease agreement the period for which the lease is agreed. If the term is not explicitly stated, it is automatically agreed for an indefinite period.
  • 5) Other rights and obligations of the tenant and landlord: This can be a very problematic part of what a lease should contain. You may be thinking “simple tenancy agreement”, there is nothing wrong with that. But the lease agreement should also contain information that specifies as closely as possible the condition of the apartment and the items in it that are part of the lease. Therefore, it may include photo documentation, an exact list of the leased fixtures and fittings, the condition of the meters or the number of keys to be handed over. This inventory is particularly useful when handing back the apartment. For example, it is often forgotten to clarify the obligation to paint the apartment. The contract may also already contain contractual penalties.
  • 6) Termination of the lease: Here it depends on the agreement between the parties whether they put it in the contract on a specific date or for an indefinite period. The rules on possible termination are particularly important.
  • 7) Final provisions: the signature and the date on which the contract comes into force must not be missing.

Tip: Read about landlord rent increases.

Rental property

We will make sure that the rental of your apartment or other property is carried out without legal complications. We will draw up or check the lease agreement for the property and advise you on how to terminate or extend the lease. You can only pay after the service has been provided.

Rent a garage or maybe a long term cottage rental

Rentals are not just about apartments or houses to live in. You can contract to rent agarage, rent a cottage or rent a cottage. For long or short-term rentals of holiday properties, such as cottages or chalets, all the same requirements apply as for a lease for a flat.

Be sure to include how any damage to belongings will be dealt with. You will also need to include in the contract the cost of water, electricity, gas or firewood used. It is better to include really everything in the contract including the security deposit, cleaning, the total capacity of people in the property.

Cottage rentals and cottage rentals can be an interesting investment for landlords. So are garages if they are in good and populated locations. It is common that garages do not come with the land underneath. This can either be municipal or belong to another private party. This also needs to be taken into account in the lease agreement. However, cottage owners also encounter this. The lease agreement for the land under the cottage solves this problem.

Lease of a cooperative flat – sublease agreement for a cooperative flat

We have describedhow to rent a flat in so-called private ownership above, but how to rent a cooperative flat? If you have a co-operative flat, or are a shareholder in a co-operative, you yourself have a tenancy agreement with the co-operative as you do not own the flat personally.

If you do not live in the flat and are thinking of renting it out, this is usually possible. However, it will technically be a sublet. First of all, find out what the bylaws of your co-op say. You may be surprised, but the right to sublet a co-operative flat will be right there in the statutes, otherwise you will have to ask for approval from the co-operative’s statutory bodies.

Smlouva o podnájmu bytu
Smlouva o podnájmu bytu a jak ji řešit

Apartment sublease agreement

Unlike a lease contract, a sublease or room rental contract has no specific rules, as the law does not say what its elements should be. If you are looking for a universal model sublet agreement, there is no need. This is because it always depends on how the tenant and the subtenant or subtenants agree.

In general, however, we recommend that both parties specify their rights and obligations in as much detail as possible to avoid misunderstandings in the future. Therefore, always remember that the sublease agreement must contain a precise definition of the apartment or part of the apartment to be sublet, if you will only occupy a room, the rent and the services to be provided, including their due dates.

And how to sublet non-residential premises?

Under the New Civil Code, we no longer use the term non-residential premises per se, but talk about the lease or sublease of premises used for business purposes. Thus, it is a space or a room whose purpose is to carry out a business activity, this space serves at least predominantly for business, regardless of the purpose of the lease or sublease expressed in the contract.

We can help you with renting a property

Do you need help with a lease agreement or other apartment rental-related matters? Do not hesitate to contact us. We have many years of experience in renting real estate. We will be happy to use them in solving your case.

Lease of non-residential premises and lease of land

How to rent non-residential space i.e. often office space or renting space used for business? The legal treatment of renting non-residential premises for business purposes is slightly different and differs from renting a dwelling for residential purposes.If the tenant is running a business, the tenancy will be governed by the rules on renting premises used for business purposes. The rules for a business lease differ in many ways from a general lease.

What are the specific differences?

For example, the notice period is different or the rules for negotiating the contract are different. As a landlord, you should also know about the obligation to pay the tenant compensation for taking over the customer base at the end of the lease. However, this can be addressed in the contract.

Above all, it is important to pay attention to the negotiation of the lease itself. Make sure that the purpose of use is correctly agreed. In fact, the lease agreement for non-residential premises should contain information that you can use the premises for the purposes of your business. This is good for the reason that, in principle, the tenant should not use the premises for any other purpose, or even for a completely different type of business than what was agreed in the contract.

What is the normal rent for non-residential premises? It is a good idea for both the landlord and the tenant to study the normal rental price fornon-residential premises before entering into a lease agreement. Price maps of individual towns and cities can help, showing the average price by location. The most desirable locations in the centre are usually the most expensive.

Tip: What about taxes? Our article on rental property taxes will give you some advice.

Nájem zemědělské půdy nebo nájem pozemku

In fact,the lease of agricultural land or land lease does not have to be dealt with in a classic lease agreement at all. Usually it is a so-called lease. A lease is an obligation where the lessor undertakes to give the lessee the right to use and enjoy the leased property in return for a rent.

The word enjoy is important. Why? Because the usufructuary has the right not only to use the thing, but also to the fruits and benefits of such thing. Thus, you may have come across situations where an agricultural lease or a pond lease is entered into . Indeed,a tenancy agreement is most often concluded in the context of agriculture or garden leases, but it can also be for a quarry, a restaurant or a water source.

Change of property owner and lease

A change of property owner is not in itself a reason to terminate a lease of a flat or other property. It is true that some terms of the lease may change. For example, provisions of the lease that the tenant and the original landlord negotiated outside the law and that the new landlord did not know about are not binding on the new landlord. Therefore, if the tenant has managed to negotiate superior terms with the original landlord, the tenant should take care to make sure that the new landlord has demonstrable prior knowledge of these terms so that they remain in place. It will be sufficient if the lease itself is available.

What about the transfer of the lease? Transfer of the lease is indeed possible, practical and in accordance with the law. Assignment of the lease is used in situations where the owner wants to transfer the concerns of the lease to a third party. This third party is put in the position of the landlord after the assignment of the lease. However, the tenant must agree to this.

Tip: Don’t forget to get energy labels when renting an apartment.

Vehicle rental contract

A lease agreement does not have to be for an apartment, house or garage. Anything can be rented. An example is a vehicle lease agreement, this is commonly used, for example in companies. We often talk about so-called operating leases. The lessor is obliged to hand over all the necessary documents to the lessee together with the vehicle.

The vehicle must be fit for operation and normal use. If this is not the case, the lessee has the right to take possession of the means of transport or to request that the defect be rectified. The hirer is obliged to maintain the means of transport in the condition in which he took it over, taking into account normal wear and tear.

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Author of the article

JUDr. Ondřej Preuss, Ph.D.

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

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