Lease and sublease agreement

The general amendment to the Civil Code states that: With a rental agreement, the lessor leaves the thing to the lessee for a fee to use it temporarily (for an agreed period) or to take benefits from it. In the case of renting an apartment, the rental may be governed by the provisions of the Civil Code or the Act on short-term apartment rental ( Act No. 98/2014 Coll. ). A rental agreement is a consideration type of agreement.

Pursuant to the provisions of § 685 and § 686 of the Civil Code:

• The lease of an apartment is created by a lease agreement, by which the lessor transfers the apartment to the lessee for rent, either for a fixed period of time or without determining the period of use; the rental agreement usually also contains a description of the accessories and a description of the condition of the apartment.
• The rental agreement must contain an indication of the subject and scope of use, the amount of rent and the amount of payment for services connected with the use of the apartment or the method of their calculation. It should also include a description of the accessories and a description of the condition of the apartment. If the rental agreement was not concluded in writing, a record of its contents will be drawn up.
• If the rental period is not agreed, it is assumed that the rental contract was concluded for an indefinite period.

Pursuant to the provisions of § 3 et seq. of the Act on short-term apartment rental

• A short-term apartment lease is created by concluding a lease agreement, by which the lessor transfers the apartment or part of it to the lessee for a fixed period of time, the longest being two years. The short-term apartment lease can be extended for a maximum of two more years, twice, based on the agreement of the contracting parties under the same conditions.
• The rental agreement must be in writing and the contracting parties shall provide each other with at least one copy.

The rental agreement must contain, in particular,

a) data on the contracting parties,

1. name, surname, place of permanent residence and date of birth of a natural person,
2. business name, place of permanent residence, date of birth, place of business and identification number of a natural person - entrepreneur,
3. business name, registered office and identification number of the legal entity and the name and surname of the person authorized to act on its behalf,

b) designation of the subject of the lease and the scope of use of the subject of the lease,

c) determining or determining the amount of rent and the amount of payments for services provided with the use of the apartment and its accessories,

d) a description of the condition of the apartment, a description of the accessories and equipment of the apartment, as well as a description of the defects of the apartment, its accessories and equipment, which are known to the lessor at the time of the conclusion of the rental agreement,

e) determination of the rental period,

f) the lessee's declaration that he is aware of the fact that the lease agreement is concluded in accordance with this law.

(4) The lessee is entitled to sublease the subject of the lease or its part only with the written consent of the lessor and for the longest period of the lease.