What a landlord of a flat or commercial premises needs
For owners who let a flat for living in, or an office, shop or warehouse, whether as a private individual or as a company.
The law as at
A flat can be let in two ways and the difference is bigger than it looks. An ordinary lease under the Civil Code is protected: the landlord can give notice only on grounds listed in the law. A short-term lease under Act 98/2014 Coll. is concluded for at most two years and has its own rules, but only when the contract meets all of its requirements.
An office, shop or warehouse is let under Act 116/1990 Coll. on the lease and sublease of non-residential premises. It wants a written contract with precisely set contents, and a contract without them is invalid.
Checklist of obligations
9 items. Each gives the provision it comes from and, where we have a template for it, a link to it.
What a lease of a flat must contain
The contract has to state the flat and the scope of use, the amount of rent and the amount of the charges for services connected with using the flat, or how they are calculated. It should also describe the fittings and the condition of the flat. If the term of the lease is not agreed, it is presumed to be for an indefinite period.
§ 685(1) and § 686 of the Civil Code
Notice on a flat lease only on statutory grounds
The landlord can give notice on a flat lease only on grounds listed in the law, for example when they need the flat for themselves, a spouse, children or parents, or when the tenant has not paid rent for more than three months. The ground has to be described in factual terms in the notice, otherwise the notice is invalid. The notice period is three months and starts on the first day of the month following the month in which the notice was delivered.
§ 710(3) and § 711(1) and (2) of the Civil Code
A short-term lease with all its requirements
A short-term lease contract has to be in writing, for at most two years, and has to contain the permanent address and date of birth of a natural person, a description of the condition of the flat and its known defects, and the tenant's declaration that they know the contract is concluded under this act. Without these requirements it is not a short-term lease. It can be extended by agreement at most twice by another two years.
§ 2 and § 3(1) to (3) of Act 98/2014 Coll.
The deposit in a short-term lease
The cash deposit may not exceed three times the monthly rent and service charges. After the lease ends the landlord returns the unused part no later than one month after the tenant has vacated the flat and settled the claims from the lease, unless the parties agreed otherwise.
§ 5(2) and (3) of Act 98/2014 Coll.
Landlord registration in a short-term lease
The landlord has to show the tenant that they have met the registration obligation under a special regulation. If they do not, they lose part of the benefits of the short-term lease act, and once the registration deadline has passed they can give notice only on the grounds that apply to an ordinary flat lease under the Civil Code.
§ 3(5) of Act 98/2014 Coll.
The tenant's permanent residence
A citizen can register permanent residence in a rented flat only with the written consent of the owner, or of all co-owners, with a certified signature. The registration is merely a record and gives the tenant no right to the flat or against the owner.
§ 3(3) and (8)(d) of Act 253/1998 Coll.
Commercial premises: a written contract with the required contents
A lease of an office, shop or warehouse has to be in writing and state the subject and purpose of the lease, the amount and due date of the rent, how it is paid, and for a fixed-term lease also the period for which it is concluded. Without these it is invalid. The premises can only be let for the purpose for which they are designated under the building rules.
§ 3 of Act 116/1990 Coll.
Notice on commercial premises
A fixed-term lease can be terminated by the landlord before it expires only on grounds in the law, for example when the tenant is more than one month late with the rent or has sublet the premises without consent. The notice period is three months unless agreed otherwise and runs from the first day of the month following delivery of the notice.
§ 9(2) and § 12 of Act 116/1990 Coll.
Handing back and compensation for damage
When the lease ends the tenant returns the property in the condition matching the agreed manner of use, and if the manner of use was not expressly agreed, in the condition in which they took it over, allowing for normal wear and tear. The landlord can claim compensation for damage or excessive wear caused by misuse only within six months of the return, otherwise the claim lapses.
§ 682 and § 683 of the Civil Code, § 13 of Act 116/1990 Coll.
Document templates
All templatesFill in each template with your own details and get a document under Slovak law.
What this list does not cover
The list is built on legislation whose wording we have verified against the Slov-Lex register. The areas below fall outside it and have to be dealt with elsewhere.
- Short-term guest accommodation through Airbnb or Booking: an accommodation service, a trade licence and the local accommodation tax
- Income tax on rental income
- Management of a block of flats, the owners' association and the repair fund
- Leases of municipal, cooperative and service flats
Common misconceptions
A short-term lease without the tenant's declaration
A contract missing any requirement, for example the tenant's declaration or a description of the flat's condition, is not a short-term lease under Act 98/2014 Coll. The lease is then governed by the Civil Code, including its grounds for notice.
Notice without the facts
In a flat lease under the Civil Code it is not enough to write that the landlord is ending the lease, or to copy out a statutory ground. The notice has to say what happened: for non-payment, which months and how much.
Counting the period from delivery
A notice on a flat lease delivered on 15 March does not end the lease on 15 June but on 30 June, because the three-month period only starts on the first day of the following month.
Nobody recorded the condition of the flat
Without a written description of the condition at handover it is hard to prove after the lease what was damaged during it. The claim for compensation also lapses if the landlord does not pursue it within six months of the return.
Frequently asked questions
Can I let a flat for an indefinite period and give notice whenever I like?
You can conclude a flat lease under the Civil Code for an indefinite period, but you can only give notice on the grounds listed in the law. If you want a lease for a fixed period, consider a short-term lease under Act 98/2014 Coll., which is concluded for at most two years.
How high can the deposit be in a short-term lease?
At most three times the monthly rent and the charges for services connected with using the flat. The landlord returns the unused part no later than a month after the tenant has vacated the flat and settled the claims from the lease, unless agreed otherwise.
Do I need a written contract to let an office?
Yes. A lease of non-residential premises has to be in writing, and without the subject and purpose of the lease, the amount and due date of the rent, the payment method and, for a fixed-term lease, its period, it is invalid.