Lease of a movable item template
Renting out a car, trailer, tools or equipment for a day or longer, 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
- V. Užívanie veci
- VI. Údržba, opravy, poistenie a škoda
Under a lease agreement the landlord gives the tenant an item for temporary use in return for payment. The landlord must hand it over fit for the agreed use, and the tenant returns it when the lease ends in the condition in which they took it over, allowing for normal wear and tear.
A lease agreed for a fixed term ends when the term expires. A lease of a movable item for an indefinite term can be terminated with one month's notice unless the agreement or a special regulation provides otherwise.
When a business leases out the item, the special provisions on the business lease of movable items also apply: the tenant is also entitled to another item serving the same purpose if there is a defect, and on late return the rent runs until the item is returned. Between businesses acting in the course of their business, the lease of a means of transport is governed by the Commercial Code and must be in writing.
This template is for movable items. A flat lease has its own template, and the lease of non-residential premises is governed by a separate act.
Who needs this document
- Someone renting out a car, trailer or van to an acquaintance for payment
- An owner of tools, construction machines or equipment who rents them out for days or weeks
- A tenant who wants the condition of the item at takeover recorded in writing
- A company or sole trader renting out a car, van, machine or equipment to a private person or another company
What the document must contain
- Precise identification of the landlord and the tenant
- A description of the item precise enough that it cannot be confused with another, with a serial or registration number
- The term of the lease, fixed or indefinite
- The rent, the period it covers and when it is paid
- The deposit, if agreed, and when it is returned
- The condition of the item at handover and at return
- Who pays for fuel, maintenance and repairs, and who insures the item
Legal basis
Občiansky zákonník (Civil Code)
Governs the lease agreement: the duties of landlord and tenant, subletting, changes to the item, rent, termination, notice, withdrawal, return of the item and compensation for damage, including the special provisions on the business lease of movable items and on consumer contracts.
Obchodný zákonník (Commercial Code)
Between businesses acting in the course of their business it governs the agreement on the lease of a means of transport. For other items the Civil Code applies together with the Commercial Code.
Act No. 108/2024 Coll. on consumer protection
A consumer concluding a lease at a distance or off business premises may withdraw within 14 days. The exception is car hire for a precisely agreed period.
Most common mistakes
A car lease between companies under the Civil Code
Between businesses acting in the course of their business, the lease of a means of transport is a contract type of the Commercial Code and must be in writing. For two businesses and a means of transport the template therefore uses the Commercial Code; for another item, such as a machine, the Civil Code applies together with the Commercial Code.
All risk on the tenant
The tenant is not liable for accident; without fault they should not bear a theft or a collision they did not cause. A consumer contract may not depart from that. The template therefore does not say that the tenant bears all damage, a clause common in practice, and for motor vehicles it deals with insurance and the excess.
Subletting not addressed
Unless the agreement provides otherwise, the tenant may sublet the item. Whoever does not want that must exclude it in the agreement; then they may withdraw if the tenant sublets in breach of it.
Rent without a due date
If no due date is agreed, rent for movable items is paid monthly in arrears. For a rental of a few days that is rarely what anyone wants, so the due date belongs in the agreement.
Nobody recorded the condition
The tenant returns the item 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 record of its condition at handover, it is hard to prove what was damaged during the lease.
A late claim for compensation
The landlord may claim compensation for damage or excessive wear of the item caused by its misuse only within six months of its return, otherwise the claim lapses.
Using the item after the lease ends
If the tenant keeps using the item after the lease ends and the landlord does not file a claim for its return in court within 30 days, the lease is renewed on the same terms.
Frequently asked questions
When may the landlord withdraw from the agreement?
For example, if despite a written warning the tenant uses the item in a way that causes or threatens significant damage to the landlord, or if the tenant, though reminded, has not paid rent that is due by the time the next rent falls due or, if that period is shorter than three months, within three months.
Does the tenant have to pay when a defect prevents use?
No, if they did not cause the defect and could not use the item in the agreed way because of it. If use is only restricted, they are entitled to a reasonable reduction.
Who is liable for damage caused with a leased car?
Damage arising from the special nature of operating the vehicle is the responsibility of its operator. In a lease of a vehicle for almost two years, where the tenant paid for fuel and routine maintenance and the landlord bore the other costs and compulsory insurance, the Supreme Court of the Slovak Republic held the owner to be the operator (6 Cdo 154/2018). The circumstances of the particular lease decide.
Can the tenant end a fixed-term lease early?
Not by law: notice applies to indefinite-term leases, a fixed-term lease ends when the term expires. The parties may, however, agree on notice during the fixed term, and the template has an option for that.
Who pays for repairs to a leased item?
The landlord must keep it fit for the agreed use at their own expense unless the parties agree otherwise. The template lets you choose whether the tenant pays for routine maintenance and minor repairs; with a consumer the statutory rule stays. The tenant must notify the need for repairs without undue delay.
May the tenant modify the item?
Only with the landlord's consent. If they make changes without consent, they must restore the item to its original condition at their own expense when the lease ends.
Lease of a movable item for your business
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