Legal Q&A · Property Transfer

What deposit can I request when letting an apartment, and when must I return it?

Law as at 21 July 2026

Short answer

For a short-term apartment tenancy under Act No. 98/2014 Z. z., the security deposit may not exceed three times the monthly rent and charges for services associated with using the apartment. The landlord must return the unused balance within one month of the apartment being vacated and tenancy claims being settled, unless otherwise agreed. The short-term tenancy regime requires, among other things, the landlord’s registration with the tax office.

How large a deposit can I request?

Section 5 of the Short-Term Apartment Tenancy Act (No. 98/2014 Z. z.) regulates the deposit. It secures the landlord’s claims for unpaid rent or charges, damage to the apartment and its furnishings, and other claims connected with its use. It may not exceed three times the monthly rent and charges for services supplied with use of the apartment.

If the landlord demonstrably uses the deposit to pay claims that have fallen due, they may request in writing that the tenant restore it to the original amount within one month. After the tenancy ends, the landlord must return the unused balance within one month of the tenant vacating the apartment and settlement of the tenancy claims, unless the parties agree otherwise.

When is it a short-term apartment tenancy?

The more favourable regime under Act No. 98/2014, including wider grounds for the landlord to terminate, applies only if its requirements are met: a written agreement with the prescribed content, a fixed term of no more than two years, renewable no more than twice (up to six years in total), and the landlord’s registration with the tax office. Without proven registration, the landlord loses key advantages of the regime and the tenancy is substantially governed by the Civil Code’s more protective rules (Sections 2 and 3 of Act No. 98/2014 Z. z.).

For a “standard” apartment tenancy under the Civil Code, there is no statutory deposit limit, making it all the more important to agree on its use and return directly in the contract.

Practical recommendations

Always agree the deposit in writing: what it may be used for, how damage is proved and when it is returned. Prepare a handover record with meter readings and photographs both when handing over and when taking back the apartment. In a dispute over deductions, it is decisive evidence. We arrange tenancy agreements, including deposits, through our apartment and house letting service. If the tenant does not pay or has not left after the tenancy ends, we help with rent recovery and eviction.

This answer provides general information on the law as at 21 July 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

More legal questions

All questions and answers
  1. How can I find the owner of land and its parcel number? The quickest way is through the cadastral mapping application: click on a parcel to display its number, title sheet number and owner. Title sheet data is published free of charge, but is for information only; an extract issued by the land registry is an official public document. If no owner is registered, the parcel must be matched to the historical land book records and the original owners traced there.
  2. How can I find out who previously owned a property? A standard title sheet extract shows only the current position. A copy of the original title sheet with a chronology of changes contains the registration history; the district office’s cadastral department issues it on request for an administrative fee. If you need to investigate further, the owner’s legal predecessors and successors also have access to the document collection — including a buyer after the transfer.
  3. Must I approach the other co-owners before selling my share in a property? Yes. When a co-ownership share is transferred, the other co-owners have a statutory pre-emption right. You must first offer them the share on the same terms as the intended sale to a third party. Transfers to a close person are exempt: a direct-line relative, sibling, spouse or another person meeting the statutory definition. An overlooked co-owner can challenge a transfer that bypasses this right.
  4. How does a reservation agreement work, and what happens to the reservation fee? A reservation agreement is an unnamed contract: the law does not regulate it specifically, but it is valid if it does not conflict with the law’s content or purpose. Its wording is decisive, particularly the parties’ commitments and what happens to the reservation fee if no purchase agreement is concluded. An agreement with a consumer must not contain unfair terms.

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Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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