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. We bought a property “as is”. Can we still claim for defects? Generally, yes. Under the law and case law, an “as is” clause applies to assets transferred as a whole without individual specification. A house or apartment is individually identified in the purchase agreement, so such a clause does not exclude the seller’s liability for hidden defects. Claims for concealed defects and false assurances about properties remain available. If the seller was acting as a business and you bought as a consumer, the clause does not stand at all. Speed matters: rights concerning hidden defects expire if you do not notify the defect within 24 months of handover.
  2. Is buying property from a bankruptcy estate worthwhile? Will I take over the title sheet encumbrances? Encumbrances are often less problematic than they appear. Realising assets in bankruptcy extinguishes all security rights, subject to narrow exceptions, so the buyer generally does not take over old security interests on the title sheet. The real risks lie elsewhere: the administrator sells without warranties of physical condition and sale terms usually exclude defect liability; bids are commonly binding; and a co-owner’s pre-emption right may overtake a winning bid for a share. Due diligence should therefore precede the bid.
  3. We want to gift our house to our children but live there for life. How can we do this safely? Agree the gift and lifetime residence easement in one contract and register them simultaneously, so the recipient acquires the house already subject to your right. Define the scope of use and how house and utility costs are shared. “We will gift it first and add the easement later” offers no protection: between the registrations you have no right, and creating the easement then depends on the new owner’s willingness.
  4. The client bought the property after the estate agency agreement ended. Is commission still payable? Usually yes, if the estate agency introduced the buyer. The Commercial Code expressly states that concluding the brokered agreement after the agency agreement has ended does not prevent commission becoming due. For a consumer client, the Civil Code awards remuneration where the result was achieved through the intermediary’s efforts. Causation matters, rather than the calendar date, and the agency must prove it. No commission is payable where the client found the buyer independently without the agency’s involvement.

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

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