Notice terminating a flat lease template
Notice terminating a flat lease by the landlord on a statutory ground or by the tenant, with the notice period
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
Výpoveď nájmu bytu
- Prenajímateľ
- Nájomca
- Výpoveď
- Poučenie nájomcu
A flat lease ends by a written agreement or a written notice. The notice period is three months and starts on the first day of the month following the month in which the notice was delivered.
A flat lease is protected. The landlord may terminate it only on grounds listed in the Civil Code and must describe the ground in the notice so that it cannot be confused with another; otherwise the notice is invalid, and the ground cannot be changed later.
Whether the tenant is entitled to substitute housing depends on the ground. A notice from this template therefore includes the information that belongs to the chosen ground.
Who needs this document
- A landlord who needs the flat for themselves or for their children, parents or siblings
- A landlord whose tenant has not paid for a long time or has sublet the flat without consent
- A tenant who is moving out and wants to end the lease
What the document must contain
- Identification of the landlord, the tenant and the flat
- A statement that the lease is terminated, signed by the party giving notice
- For a landlord's notice, the statutory ground and its factual description: what happened, when and to what extent
- For the public interest or long repairs ground, a document proving the ground
- The notice period
Legal basis
Občiansky zákonník (Civil Code)
Governs the termination of a flat lease, the landlord's grounds for notice, the notice period, the protective period in material need, the tenant's court protection and substitute housing.
Most common mistakes
A ground without facts
Copying the statutory ground is not enough. The notice must describe what happened so that the ground cannot be confused with another, otherwise the notice is invalid. For non-payment, for example, which months and how much.
Missing document for repairs or public interest
If the landlord terminates because the building must be dealt with in the public interest or because repairs will prevent use of the flat for at least six months, a document proving it must be attached. Without it the notice is invalid.
Period counted from delivery
The notice period starts only on the first day of the month following the month in which the notice was delivered. A notice delivered on 20 January ends the lease on 30 April.
A shorter period in the landlord's favour
The landlord may set a longer notice period for the tenant in writing; the law does not allow a period shorter than three months.
Notice from only one spouse
If spouses, or one of them, become tenants of a flat during the marriage, a joint tenancy of the spouses arises even if only one signed. In matters of a joint tenancy that are not routine, the consent of all joint tenants is needed, otherwise the legal act is invalid. A tenants' notice is therefore signed by both, and a landlord's notice should be addressed to both.
Forgotten substitute housing
If the landlord terminates because they need the flat for themselves or close relatives, or because of public interest or long repairs, the tenant is entitled to a suitable substitute flat and to the necessary moving costs.
Frequently asked questions
Does the tenant have to state a reason in the notice?
The law lists grounds for notice only for the landlord. A tenant's notice from this template therefore states no reason; it must still be in writing.
What if the tenant considers the notice invalid?
They may claim its invalidity in court within three months of its delivery. The notice then takes effect only once the decision dismissing their claim becomes final.
What is the protective period?
If the landlord terminates for unpaid rent and the tenant proves that on the day the notice was delivered they were in material need for objective reasons, the notice period is extended by six months. If during that time they pay the debt or agree in writing with the landlord on how to pay it, the ground for notice ceases to exist.
Does a notice apply to a fixed-term lease?
A fixed-term lease ends when the agreed term expires, and in that case the tenant has no right to substitute housing. Before the term expires, the landlord may likewise terminate only on statutory grounds.
When is the tenant not entitled to substitute housing?
Where the notice is given for using the flat for purposes other than living, the tenant has no right to substitute housing at all. Where it is given for grossly damaging the flat or disturbing the peace in the building, neither, unless there are reasons deserving special consideration; then the tenant is entitled to shelter. For non-payment, a tenant in material need for objective reasons is entitled to substitute accommodation and, if caring for a minor child or a helpless person and the landlord's circumstances allow, to a substitute flat.
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