Apartment lease agreement template
Renting out a flat for a fixed or indefinite term, with utility advances and a deposit, under the Slovak Civil Code
This document rests on a fixed pattern prepared by Paragrafo; it is not a law firm template. Its wording is not written by AI, only the details from the form are filled in. For a non-standard situation we recommend a solicitor.
Law in force as at
Nájomná zmluva
- I. Zmluvné strany
- II. Predmet nájmu
- III. Doba nájmu
- IV. Nájomné a úhrada za plnenia
- V. Práva a povinnosti strán
- VI. Skončenie nájmu
Under a lease agreement the landlord gives the tenant a flat to use in return for rent, for a fixed or an indefinite term. If the term is not agreed, the lease is presumed to be for an indefinite term.
The agreement must state the subject and extent of use, the amount of rent and the amount of payment for services connected with the use of the flat or the way it is calculated. It should also describe the appurtenances and the condition of the flat.
A flat lease is protected: unless the parties agree, the landlord may terminate it only on grounds listed in the law. This template is a lease under the Civil Code; a lease under the separate act on short-term lease of flats has its own template.
Who needs this document
- An owner renting out a flat for living
- A tenant who wants rent, utilities and the deposit agreed in writing
- A family renting out a grandparents' flat or a flat bought as an investment
- A company renting a flat for living to a private person
What the document must contain
- Precise identification of the landlord and the tenant
- The address and description of the flat, its appurtenances and condition
- The term of the lease, fixed or indefinite
- The amount of rent and when it is due
- The amount of payment for services connected with the use of the flat or how it is calculated, for example a monthly advance with an annual statement
- The deposit, if agreed, and when it is returned
Legal basis
Občiansky zákonník (Civil Code)
Governs flat leases: the content of the lease, the duties of landlord and tenant, minor repairs, the late payment fee, rent reductions, spouses' joint tenancy, notice and the notice period.
Zákon o hlásení pobytu (Residence Registration Act)
Registering the tenant's permanent residence at the flat requires the owner's written consent with a certified signature, or the owner's signature at the registration office. Registration gives no right to the flat.
Most common mistakes
Payment for services missing
The agreement must contain not only the rent but also the amount of payment for services connected with the use of the flat or how it is calculated. "Utilities according to consumption" without an amount or a settlement method leads to disputes at every statement.
Landlord's notice without a statutory ground
A landlord may terminate a flat lease only on grounds listed in the law, for example when they need the flat for themselves or close relatives, or when the tenant has not paid rent for more than three months. The ground must be described in the notice so that it cannot be confused with another, otherwise the notice is invalid.
Notice period counted from delivery
The notice period is three months and starts on the first day of the month following the month in which the notice was delivered to the tenant. A notice delivered on 15 March therefore ends the lease on 30 June, not on 15 June.
Nobody recorded the condition of the flat
When the lease ends, the tenant returns the flat in a condition corresponding to the agreed manner of use or, if none was expressly agreed, in the condition in which they took it over, allowing for normal wear and tear. Without a handover report recording the condition of the flat and the meters, it is hard to prove what was damaged during the lease when the deposit is returned.
Alterations without consent
The tenant may not carry out building alterations or other substantial changes in the flat without the landlord's consent, not even at their own expense.
Relying on automatic renewal
A fixed-term flat lease ends when the term expires and is not renewed by the tenant continuing to live there. If the parties want to continue, they agree on it in a written amendment before the term ends.
Notice for arrears without months and amounts
The ground for notice must be described in the notice by facts so that it cannot be confused with another ground, and it cannot be changed later. A notice for unpaid rent should therefore state the months and amounts the tenant did not pay; a mere reference to the section of the law is not enough.
Frequently asked questions
Who pays for repairs in a rented flat?
Minor repairs connected with the use of the flat and the costs of routine maintenance are paid by the tenant unless the agreement provides otherwise. Other repairs are borne by the landlord; the tenant must notify the need for them without undue delay and allow them to be carried out.
What if the tenant pays late?
If the tenant does not pay rent or the payment for services within five days of the due date, they pay the landlord a late payment fee. Its amount is set by an implementing regulation to the Civil Code.
Is the tenant entitled to a rent reduction?
Yes, until the landlord, despite the tenant's notice, removes a defect that substantially or for a longer time worsens the use of the flat. The right must be exercised with the landlord without undue delay; it lapses if not exercised within six months of the defects being removed.
How can a tenant challenge a notice?
The tenant may claim the invalidity of the notice in court within three months of its delivery. The notice then takes effect only once the decision dismissing the tenant's claim becomes final.
Do spouses become joint tenants even if only one of them signed?
Yes. If spouses, or one of them, become tenants of a flat during the marriage, a joint tenancy of the spouses arises; this does not apply if the spouses do not permanently live together.
Is a tenant entitled to substitute housing when a fixed-term lease ends?
No. When a lease agreed for a fixed term ends, the tenant has no right to substitute housing unless a special law exceptionally provides for it.
Can the tenant keep the deposit as rent for the last months?
Only if they agree on it with the landlord. The claim for the return of the deposit usually becomes due only after the lease ends, and a claim that is not yet due cannot be unilaterally set off against one that is. The tenant therefore pays rent until the end of the lease and gets the deposit back after handing over the flat.
Can rent be increased by inflation?
The cases in which a landlord may increase rent unilaterally are set by a special regulation. The parties may, however, agree in the lease on how the rent is calculated, for example an annual adjustment by the inflation rate published by the Statistical Office. The template offers this as an option; the rent then goes up or down.
Can the tenant register permanent residence at the rented flat?
Only with the owner's consent: the registration office needs written confirmation of consent with the certified signature of the owner or all co-owners, or their signature on the registration form at the office. Registration gives no right to the flat, and after the lease ends the owner may ask for the residence record of a person who no longer has a right to use the flat to be cancelled.
Can the landlord enter the flat without the tenant?
Nobody may enter a home without the consent of the person living there. The landlord may ask for access to check that the tenant uses the flat properly, and the tenant must allow it. For emergencies the parties may agree in the lease that the tenant consents to entry even in their absence, only as far as necessary to prevent damage.
Apartment lease for your business
You fill in your company details and the document is ready in under a minute.
Generate the document