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When to rent a flat for a definite period of time?

A fixed-term tenancy agreement can be advantageous for both landlords and tenants. However, during the lease, the tenant or landlord may wish to terminate the rental before the agreed time. Under what conditions is it possible? Did you know that one of the legitimate reasons is "a substantial change in circumstances" in the tenant's life?

Fixed-term rent often allows the lessor to negotiate with the tenant to try it out first. If the tenant is successful, he will offer him an indefinite contract. At other times the lessor extends the rent for a certain period of time so that he does not need to testify to the tenant. "As a weaker party, the tenant is legally protected. The landlord may denounce the tenant only for reasons stated in the law, " explains Lukáš Zelený, head of the legal department of the consumer organization dTest.

When negotiating a fixed term lease, it is assumed to end with the expiration of the term specified in the contract. However, the lessor and the lessee may agree at any time to terminate the lease earlier. "If the opportunity to prematurely terminate the rental of a fixed-term flat is negotiated directly in the lease, care should be taken not to make this provision advantageous to the lessor alone. For example, if the landlord states that the landlord can cancel the lease at any time without giving a reason for a three-month notice period, the tenant should have the same right, " says Zeleny, adding: " If the contract grants this right to the landlord alone, to successfully defend statements. "

Fixed-term lease may be terminated for the same legal reasons as permanent lease, typically a breach of rental obligations, the termination of an apartment, or cases where the tenant is injuring the apartment. Apart from these legitimate reasons, there is another one that applies only to termination of fixed-term flats. This is a situation when circumstances change after the conclusion of the contract to such an extent that the tenant can not reasonably be required to continue the lease. "In practice, for example, it is a substantial change in the place of employment or a change in the tenant's social situation, both to the worse and the better," says Green.

Due to a substantial change in circumstances, the tenant can terminate the lease according to the law. It is, however, possible to grant such a right to the lessor in the lease agreement or in an addendum thereto. The notice period is three months according to the law, but can be shortened or extended by agreement. The notice must state the specific substantive change in the circumstances.

Source: tz

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