The Lessor can terminate the lease for the reasons stated in the Act. Some landlords, in an attempt to get rid of the tenant, will disconnect the apartment from energy or water, substantially increase the rent, do not bill the energy consumption, or keep the lessee overpaid from the bill. What options does the tenant have against the landlord's unlawful behavior?
However, the landlord must not disconnect the tenant from energy or water. If he does so, he can even commit a crime. "In such a case, the lessee should alert the landlord that he will be subject to a criminal complaint and, for possible proceedings, he should document the situation as a video recorder of the status of the meter. Suppliers of energy and water can also provide evidence of supply disruptions to the court, "said Lukáš Zelený, head of the legal department of consumer organization dTest.
The lessor may increase the rent only up to the amount set by the law, not earlier than 12 months after the last increase. However, such an increase may not exceed 20% of the rent, including the increase in the last three years. In addition, the resulting rent may not exceed the usual rent. This means rent for a similar apartment at a rental place arranged under similar conditions. In the event of a dispute, the court will determine the usual rentals from realtors or forensic experts.
The landlord is obliged to deliver the services bill to the lessee if the service is paid in advance. "The landlord must give the lessee a bill within four months of the end of the billing period, and must explain to him on the written request all uncertainties. In addition, if the landlord delays the bill, the tenant has the right to claim a fine of up to 50 CZK per day, " says Green.
Furthermore, the landlord may harass the tenant even by abusing his rights. For example, oversensibly checks the status of the apartment or makes adjustments in the apartment without being needed . Here it depends on the specific circumstances of assessing what is already over. It is advisable to specify the details of checks and adjustments in the apartment already in the lease.
However, the provisions of the lease must not be disproportionate and so the tenant will be reduced to his rights. Such provisions of the lease are invalid and the lessee does not have to comply with them. These include, for example, restrictions on visits or a variety of contractual penalties. "Lessors sometimes rely on the fact that, in popular terms, what is written, that is given, and that the tenant must therefore observe all that is agreed in the lease. The disproportionate clauses, the provisions on contractual penalties and the provisions limiting the lessee's rights are, however, seen as if they were not in the contract at all. Such provisions may be ignored by the lessee, even though they are in the contract, " concluded Green.
Tip: If you suspect the landlord is abusing his / her position, call the dTest advisory line - 299 149 009 - is operational every working day from 9am to 5pm. Legal advisors will be happy to advise you.
Source: tz dTest.cz
