Letting a flat or house

Ordinary flat tenancies under the Civil Code strongly protect tenants — landlords’ grounds for notice are restricted and termination can be lengthy. Short-term flat letting under Act No. 98/2014 Z. z. narrows this protection — allowing agreed additional grounds for notice and shorter notice periods. It is concluded for a fixed term of no more than two years and may be extended twice, up to six years in total. It is generally the more favourable regime for a landlord.

The agreement must be in writing and contain the statutory particulars, including the tenant’s declaration that they know it is concluded under Act No. 98/2014 Z. z.; the landlord must also register with the tax office under the Income Tax Act. If you fail to register, you lose key advantages of the regime and Civil Code tenant protection applies to a substantial extent on termination. We remind you of registration and prepare the agreement with the required particulars.

For short-term letting, the law permits a deposit of no more than three times the monthly rent and payments for services associated with using the flat. It may cover rent arrears, damage to the flat or other tenancy claims, and the tenant must replenish it on request. You generally return the unused balance within one month of the flat being vacated and claims settled. We set these rules precisely in the agreement to avoid deposit disputes.

This is the most difficult tenancy scenario, and no agreement can rule it out entirely. A good agreement can shorten the route — for short-term letting, notice may be given once non-payment exceeds two months, with a notice period that may be as short as fifteen days, provided you have met the registration obligation. If the tenant still does not leave, you must not evict them yourself — an eviction claim followed by enforcement may be needed, which takes time. We help you proceed without harming your position and use the tools available to landlords — from the deposit to the statutory right to retain the tenant’s belongings.

It can be a useful safeguard — the tenant consents to enforceability in the deed, allowing eviction to be enforced, if the conditions are met, without prior court proceedings on a claim. It is no miracle solution, however — it requires the tenant’s cooperation in signing, involves notarial costs and the enforcement officer must follow statutory rules. We assess whether it is worthwhile for you at the consultation and can arrange its preparation.

Act No. 98/2014 Z. z. governs short-term letting of a flat. The law does not expressly say whether letting a family house falls under the rules on flat tenancies (§ 685 et seq. of the Civil Code), including tenant protection and the option of short-term letting, or under the general provisions on lease (§ 663 et seq.). We therefore assess this individually for the specific house before you choose the tenancy regime. It is all the more important for the agreement itself to address every essential issue — maintenance, land, utilities and termination. We tailor the house tenancy agreement to the chosen regime.