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You can defend yourself against court rents from renting a flat

You can defend yourself against court rents from renting a flat The time when the landlord needed the court's consent to the tenant's statement from the apartment is past. Still, the courts are addressing this issue today. The lessee may oppose the termination of the proceedings before the court for a review of its merits. How should such a claim look like and what timeframe do you have to submit if you disagree with the rental notice?

You may file an action for review of the right to terminate within two months of receiving it. Both in the case of notice with notice period, even if it is a notice without notice, typically in the case of a serious breach of duties by the lessee. At the end of the two-month period, the right to sue is extinguished.
"If you have been denied, for example, on 10 May, an appeal for review of a notice must be served on the court no later than 10 July. It is not enough to file a lawsuit on 10 July, " explains Lukáš Zelený, head of the legal department of the consumer organization dTest.

Prior to the filing of an action, it is not necessary to communicate objections to the statement to the landlord. "The action is to be filed with the District Court at the place where the apartment is located. It has to be labeled landlord and tenant. In the action, you must, among other things, describe why you have been denied and why you consider it to be unauthorized. As proof, you should present at least a copy of the lease, renunciation and listing of the land registry demonstrating the landlord's ownership, " says Green.

The court then either decides that the testimony is unjustified or, on the other hand, dismisses the action. In particular, the court examines whether the facts given by the landlord are true and whether they constitute a legitimate reason for terminating the lease. If there is a reason not to pay rent or pay for services, it is usually easy to prove whether and how much the tenant paid or not paid. However, if the reason for the so-called gross breach of obligations on the part of the lessee is the reason, the situation is not that simple. "This reason is assessed on a case by case basis and the court can conclude that even if the facts alleged by the landlord are true they do not reach such intensity that they can be considered a gross breach of duty," says Zeleny.

The court shall also decide whether the denunciation is void if the court finds that the notice is invalid for some reason. For example, if it does not contain instructions on the lessee's right to object to a notice or to bring an action for review of its merits. If the court fails to comply with the claim, thus confirms the right to terminate, it will impose the tenant to settle the flat within a certain period of time. However, the court will only decide if the landlord suggests the removal.


Source: tz, dTest.cz



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