A previous issue of our newsletter showed the importance of selecting tenants carefully. However, any landlord with even a small portfolio of property at some time reaches the situation where there is a disagreement between themselves and a tenant.
The converse may also be true where you have rented a property, everything has gone smoothly but now, all of a sudden, you are facing some difference of opinion in terms of, for example, settling the damage deposit.
What to do now?
Whether your disagreement is over a rent increase, responsibility for repairs, or the return of a security deposit, rarely should lawyers and litigation be the first choice for resolving the issue.
Both tenants and landlords can follow the following tips to avoid legal problems:
Know your rights and responsibilities under law
Direct lease contracts are governed by the Civil Code section 685 and the subsequent ones of the Act No. 40/1964 Coll. (Basic rights and obligations of both tenant and owner – old article but still valid). Additional requirements now apply to the handling of damage deposits in direct lease agreements. Sub-lease contracts are governed by the terms agreed in the contract and do not fall under the above legislation.
Make sure the terms of your lease or rental agreement are clear
The link above also talks about some necessities that should be in every contract including 1. determination of a flat 2. the method of calculating the rent and reimbursement for services 3. the method of paying 4. the period, for which the occupational lease is being concluded: if for a definite period of time (the date from when til when) or a indefinite period of time (the date of the termination is not stipulated).
Keep copies of any correspondence and make notes of conversations about any problems.
For example, it is best if tenants ask for repairs in a letter or email. The landlord should keep this record and make a note of when and how it was responded to.
Keep communication open
Always try to first solve things by talking it over or using a third party to try to negotiate a compromise. By following these basic steps and with some fundamental social skills 99% of all tenant/landlord disputes can be solved without legal intervention.
Updated/Aktualizováno: December 9, 2014,
Hello,
I’d like to know where I can find out more about TENANTS’ RIGHTS IN THE CZECH REPUBLIC? Plumbers are coming in and out of my flat and studio, preparing to install new central heating, replace pipes and radiators. Most of this work is still to come – so far they are working mostly in the apartments downstairs.
I WAS GIVEN NO ADVANCE WARNING WHATSOEVER ABOUT ANY OF THIS! I still have received no information from the owners of the building about what’s going on! Nothing about what work will be done and why or when, how long it will take, how to prepare, to protect my belongings etc. Nothing about compensation for damage and loss of my time… Nothing… The situation is very stressful.
This is my workspace as well as my home, so my livelihood is at stake. I’m concerned about protecting my belongings (including artworks and materials) from dust that will be created by drilling…
I INTEND TO WITHHOLD RENT FOR THIS MONTH, but I’m not sure how to go about it. My rent is payable at the middle of the month. Should I just not pay, or tell them in advance that I won’t pay…? Any advice at all would be welcome!