You must bring a claim in court for damage to or excessive wear and tear of the apartment within 6 months of its return; otherwise, the claim is extinguished. The period runs from the handover of the apartment, not from discovery of the damage, and demands or negotiations with the tenant do not stop it. The court takes expiry of the period into account even if the tenant does not raise it. The tenant is not liable for ordinary wear and tear consistent with the agreed use.
The tenant has moved out, leaving broken doors, ruined flooring and walls damaged by animals. The landlord is gathering quotations, sending demands and waiting to see whether the tenant will pay voluntarily. Meanwhile, the period for claiming compensation continues to run. A claim for damage to a rented apartment can be brought in court only within 6 months of its return. After that, the claim is extinguished, even if the damage is undisputed.
What the tenant is liable for
At the end of the tenancy, the tenant must return the apartment in a condition consistent with the agreed manner of use or, if no manner of use was agreed, in the condition in which they received it, allowing for ordinary wear and tear (Section 682 of the Civil Code, Act No. 40/1964 Zb.). Liability for damage beyond that is governed by a specific rule:
The following quotation is reproduced in its original language:
Ak došlo k poškodeniu alebo nadmernému opotrebeniu prenajatej veci v dôsledku jej zneužitia, zodpovedá nájomca aj za škody spôsobené osobami, ktorým umožnil k prenajatej veci prístup, za náhodu však nezodpovedá.
In its judgment in case no. 16Co/122/2019, the Regional Court in Bratislava treats as misuse any use contrary to the manner of use agreed in the contract or, where none was agreed, to the use appropriate to the nature and purpose of the property. The tenant is also liable for damage caused by family members, visitors or subtenants, irrespective of fault. They can avoid liability only by proving a fortuitous event, such as a natural disaster.
The 6-month period from the apartment’s return
The landlord must, however, claim compensation within a short period:
The following quotation is reproduced in its original language:
Domáhať sa náhrady možno len do šiestich mesiacov od vrátenia prenajatej veci […]
This is a time limit whose expiry extinguishes the claim, rather than merely making it time-barred, and the court takes this into account even if the tenant does not raise it. The Act refers to seeking compensation. In the cited judgment and in its order in case no. 5Co/97/2023 of 31. 3. 2025, the Regional Court in Bratislava interpreted this as requiring the claim to be brought in court within the period. A demand, a repair invoice or negotiations over instalments will not prevent the period from expiring. The period runs from the apartment’s return, usually when the keys are handed over and the handover report is signed. If the tenant left without a proper handover, the date of return may be disputed, and it is safer to calculate the period from the earliest potentially applicable date.
Relying instead on general liability for damage, with its longer limitation period, is risky. In that order, the court considered it correct to assess damage to a rented house under Section 683, even though the landlord relied on the general provisions. It set aside the district court’s judgment on procedural grounds but described the conclusion that the deadline had been missed as essentially correct. This period does not apply to rent arrears or outstanding service charges, which are subject to the general limitation rules.
The rule also applies to short-term tenancies under Act No. 98/2014 Z. z. on Short-Term Apartment Tenancies, which does not exclude the application of Section 683 of the Civil Code (Section 10(1) and (2)).
The security deposit and evidence
If you intended to use the security deposit to cover damage, set off the claim against it in writing, stating the amount, before the period expires. A claim extinguished by expiry of the period can no longer be set off. Any damage not covered by the deposit must be claimed in court within the same period. The rules on the amount and return of the deposit are explained in the question on security deposits for apartment tenancies.
In a dispute, the comparison between the apartment’s condition when handed over to the tenant and when returned is decisive. Prepare:
- handover reports from both the initial handover to the tenant and the return of the apartment, ideally with photographs and meter readings,
- dated photographs of the damage, taken immediately after the apartment’s return,
- repair quotations or invoices and, for more extensive damage, an expert assessment,
- the tenancy agreement specifying the agreed manner of use, such as a ban on animals or smoking.
We will work with you to quantify the damage, set off the claim against the security deposit, and prepare and file the court claim as part of our rent recovery and eviction service. Contact us as soon as possible after the apartment is returned so that there is time to gather evidence and prepare the claim.
This answer provides general information on the law as at 3 October 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.
