It is true that today there is generally a shortage of apartments and landlords often take advantage of this when negotiating a lease. This situation, which is occurring today, is mitigated by the Civil Code, which protects the weaker party to the contract, i.e. the tenant.
The landlord cannot prohibit the tenant from bringing visitors to the apartment. If there is a clause in the tenancy agreement prohibiting the tenant from receiving visitors in the flat, this clause is invalid. The tenant is not obliged to respect the landlord’s contractual or verbal prohibition on visitors and does not have to report the visits to the landlord in any case.
It should be said, however, that in practice it can be difficult to distinguish between a visitor and a person who is a permanent member of the tenant’s household. The line can be quite thin. For example, if a tenant starts dating someone. What was initially an evening visit turns into a weekend visit and then a multi-day visit. In terms of distinguishing a visitor from a member of the tenant’s household, it is possible to be guided by just how long the person has been in the flat. If the person starts living with the tenant permanently, the landlord’s consent is required.
Every tenant has the freedom to choose to smoke. The landlord has no right to restrict this freedom of his tenants and cannot prohibit tenants from smoking in the flat. Nevertheless, many landlords often include a no-smoking policy in lease agreements. Only if the smoke coming from the apartment would unreasonably disturb, for example, the neighbours from above, can they demand that smoking be refrained from, for example, on the balcony.
On the other hand, smoking in the apartment can make the apartment smell unpleasant. The landlord can, of course, demand that the tenant restore everything to its original condition and, as part of this, have the sofas, carpets and the whole flat professionally cleaned, for example. Such an obligation in the case of an unpleasant smelling apartment can also be written into the contract. As a rule, the tenant will think twice about taking a few steps outside the house.
The tenant has the right to keep an animal in the apartment as long as it does not cause undue hardship to the landlord or other residents of the building. Therefore, the lease cannot restrict the tenant from keeping pets. It can only subsequently require the tenant to compensate for the increased costs caused by keeping the animal.
If there is a clause in the tenancy agreement prohibiting the keeping of animals, it is not taken into account at all. The tenant is therefore free to keep the animal. This is also true of other unreasonable provisions restricting the tenant.
Here the law actually distinguishes between two types of subletting
If the tenant allows a third party, for example a subtenant, to use the property, he is liable to the landlord for the actions of that person in the same way as if he had used the property himself.
We provide a complete package of services for both landlords and tenants. We will draft or review all lease/rental contracts, help with extension or termination of lease, and make sure everything takes place smoothly and without legal complications. You’re also welcome to pay after services are provided.
Tip: The rent is one of the most important parts of the rental agreement. In our separate article we focus on it, especially from the landlord’s point of view. Before signing a lease agreement, you should think carefully about how and how much rent you want to pay and whether and how you want to increase it in the future. If you have already signed a contract but the tenant refuses to pay, we can advise you on how to proceed.
The decision is up to the landlord, but the landlord must not violate anti-discrimination law and must ensure equal opportunity for all. Thus, not allowing people such as smokers, pregnant women, students, or people from a certain ethnic group to view the apartment may be discriminatory, and they can then take legal action for damages.
At the end of the tenancy, the tenant must hand over the flat to the landlord in the same condition as when they took it over; normal wear and tear is not taken into account. This means, for example, that the carpets are not like new but used, the sofa or other furnishings are faded, or the paint is dull where it has been used.
However, nails in the walls will no longer be normal wear and tear and the walls may be considered to be sealed and painted. The tenant must carry out routine maintenance of the flat, which includes repairing plaster or wallpapering. Again, it is advisable to set out the regime for such maintenance in the contract.
Tip: Are you happy with your tenant and want to extend their lease? We will advise you on how to draw up a lease extension and what must be included in the so-called lease amendment. We will explain whether the amendment changes anything significant in the contract. But we will also tell you what to do if you want to end a tenancy with a problem tenant.
Dostupný advokát team of online lawyers will solve it for you.
We provide a complete package of services for both landlords and tenants. We will draft or review all lease/rental contracts, help with extension or termination of lease, and make sure everything takes place smoothly and without legal complications. You’re also welcome to pay after services are provided.
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.
Your reputation is well deserved. All our contracts were done quickly and accurately. In addition, Dostupný advokát explained the legal regulations for our property easement, which I found critical to our success because as a layman I had no idea what problems that could cause us. I have no suggestions for improving your service, because (zobrazit více) I am completely satisfied.
Fast and professional solutions for most normal legal needs at affordable, preset prices. Seriously, what could be better than that? While it sounds ‘too good to be true,’ I’m happy to report that the staff at DA are pros, and what’s more they are honestly dedicated to their awesome mission, which is to make quality (zobrazit více) Fast and professional solutions for most normal legal needs at affordable, preset prices. Seriously, what could be better than that? While it sounds ‘too good to be true,’ I’m happy to report that the staff at DA are pros, and what’s more they are honestly dedicated to their awesome mission, which is to make quality legal services affordable for the average person. I find their prices very fair when compared to what I’ve usually paid for similar services, which means I (and my family and friends) can get the legal help I need without worrying about some black hole of never-ending fees. In my own experience with DA I’ve found everyone there very responsive, and emails and calls are answered in a timely manner. Their large staff also gives me confidence that any legal needs I have can be handled professionally, as there’s always someone with experience in my particular issue. Their head attorney also writes a regular blog and keeps up with all the latest legal trends, which means they as a business stay up-to-date. As someone who’s spent a fortune over the years on legal assistance, or tried to “go it alone” when I couldn’t afford legal help, I wish Dostupny Advokat had been around a long time ago. I highly encourage anyone who needs legal help to TRY THEM FIRST!
We chose the premium package because it promised a fast reply within 24 hours, and we needed help quickly. A few hours after sending our order, Dostupný advokát called us. After discussing our issue and agreeing on the next steps, we felt confident in how the whole procedure would go since we had never experienced (zobrazit více) it before. We appreciate their patience.
