REALWorld Law

What types of arrangement does the law recognize which allow occupation and use of real property for a limited period of time?

As a general rule, fixed-term leases terminate upon the expiry of the specified term. However, a lease of residential premises can be extended automatically for the same amount of time as the original term, up to a maximum of one year, if the tenant continues to use the property and the landlord does not file a request with the court to recover possession of the real estate in question.

Last modified 13 Mar 2025

What types of arrangement does the law recognize which allow occupation and use of real property for a limited period of time?

If a tenant ignores a notice to vacate given by the landlord, the latter must apply for a court order. This may be a lengthy process. Under the Slovakian Civil Code, leases granted for indefinite periods of time can only be terminated by giving notice unless the parties provided otherwise in the original contract.

Under the Slovakian Civil Code, in the case of termination of an apartment lease, an apartment compensation must be provided to the tenant under specific conditions. When the lease agreed for a definite time terminates, the tenant shall not be entitled to replacement housing. However, a special Act may stipulate otherwise.

Last modified 13 Mar 2025

What types of arrangement does the law recognize which allow occupation and use of real property for a limited period of time?

In general, the Slovakian Civil Code allows the landlord to terminate a lease agreement for a temporary occupation on three months' notice. In addition, in accordance with the Slovakian Civil Code, the landlord may withdraw from the lease agreement in the following cases:

1. If the tenant has sublet the property contrary to the provisions of the lease contract
2. If the tenant has made alterations without the landlord's consent which may result in significant damage
3. If the tenant may be causing damage to the premises or his actions may result in significant damage to the premises, despite having received a written warning, and
4. If the tenant has not paid the rent due despite having received a warning
5. If the premises are vacated following a decision of the relevant authority

This does not apply to leases of apartments or non-residential premises. In the case of an apartment lease, under the Slovakian Civil Code, the lease can be terminated by the landlord only in the following cases:

1. If the landlord needs the flat for himself, his spouse, children, grandchildren, son-in-law or daughter-in-law, parents or brothers and sisters
2. If the tenant stops performing work which it is bound to do by the lease
3. If the tenant or the member of his household, grossly damages the apartment, its accessories, common areas or the common facilities of the building or permanently disrupts the ability of the other tenants or owners to live peacefully, endangers safety or behaves in an anti-social manner in the building
   
4. If the tenant grossly violates his duties in the lease, in particular by not paying the rent or reimbursement for performance provided with the use of the apartment for more than three months or by subletting the apartment (or a part of it) without the prior written consent of the landlord
5. If, with regard to public interest, it is necessary to treat the apartment or house in a way which makes their use impossible or if the apartment or house requires repairs the execution of which mean the apartment or house cannot be used for at least six months
6. If the tenant no longer complies with the conditions to use a special apartment
7. If the tenant uses the apartment other than for living without the consent of the landlord

The notice period for termination of an apartment lease is three months and, if provided for by the Slovakian Civil Code, can be extended in writing by the landlord.

Under the Act on Leasing and Subleasing Commercial Premises a landlord of non-residential premises can terminate the contract in writing prior to the expiration of the definite period only in the following circumstances:

1. If the tenant uses the non-residential premises contrary to the agreement
2. If the tenant has not paid rent for more than one month or owes fees for services related to the lease
3. If the tenant fails to provide certain services to the landlord (for which the payment is made) properly and on time
4. If the tenant or those who use the non-residential premises with him grossly disturb peace and order despite having received a written warning
5. If the use of the non-residential premises is connected to the use of a residential apartment and the tenant has been ordered to vacate the apartment
6. If the building is to be altered or demolished
7. If the tenant has sublet the property without the landlord's permission, or
8. If the premises are part of the property that is transferred to original owner by statutory provisions.

Leases of non-residential premises concluded for an indefinite period of time can be terminated by giving three months' notice (unless a different notice period is agreed upon by the parties) without stating a reason.

Lease of land for agricultural purposes concluded for an indefinite period of time can be terminated by 1 November with 1 year’s notice (unless a different notice period is agreed between by the parties).

Lease of land for agricultural purposes concluded for an indefinite period of time, while operating an agricultural holding can only be terminated by giving 5-years notice period.

 

Last modified 13 Mar 2025

What types of arrangement does the law recognize which allow occupation and use of real property for a limited period of time?

A lease of land, buildings or parts thereof may be subject to compulsory termination if the property is expropriated. The time this can take is unpredictable. Compensation is paid by the party which receives the ownership right. However, such compensation is paid only to the owner and not to the tenant, unless agreed otherwise in the lease.

The lease may also be terminated in bankruptcy proceedings by a bankruptcy administrator.

Last modified 13 Mar 2025

What types of arrangement does the law recognize which allow occupation and use of real property for a limited period of time?

The parties are free to enter into any guarantees permissible under Slovak law. Under the Slovakian Civil Code, certain guarantees are automatically provided in favour of the landlord. As security for the rent, the landlord of a property has a pledge on movable things located in the leased property and owned by the tenant or by persons living with the tenant in the relevant property, except for things excluded from enforcement of a decision. In addition, where the tenant has defaulted on the rent, the landlord may be entitled to seize certain of the tenant's assets located on the leased property as security for payment.

Last modified 13 Mar 2025

What types of arrangement does the law recognize which allow occupation and use of real property for a limited period of time?

The tenant is entitled to use the property as agreed in the contract and appropriate to the nature and purpose of the property. In general, the use of the property is specified in the building permit and the specified use is confirmed by the occupancy permit.

In case of leases under the Act on Leasing and Subleasing Commercial Premises, the contractual parties must always define the permitted use of the leased non-residential premises. Failure to do so invalidates the lease contract. Furthermore, the tenant must always comply with all the relevant regulations applying to usage (such as in the case of culturally protected real estate).

Last modified 13 Mar 2025

What types of arrangement does the law recognize which allow occupation and use of real property for a limited period of time?

The landlord's consent is required before any changes are made to the property, otherwise the tenant will be required to restore the property to its original condition at the end of the lease. If the tenant has made alterations without the landlord's consent which may result in significant damage, the landlord is entitled to terminate the lease.

The tenant may be able to claim a reimbursement of any costs incurred in relation to alterations if the alterations were approved by the landlord and the landlord agreed to cover the costs.

Alternatively, upon the termination of the lease, the tenant may be able to claim from the landlord the amount by which the property has increased in value as a result of the alterations made, if these were approved by the landlord, but the landlord did not cover their cost.

In some specified cases, the alteration and improvement of real estate can be restricted by special legislation (such as in the case of culturally protected real estate).

Last modified 13 Mar 2025

What types of arrangement does the law recognize which allow occupation and use of real property for a limited period of time?

In general, the tenant is entitled to sublet the property unless agreed otherwise in the contract. However, the consent of the landlord is required for subletting a leased apartment.

According to the Act on Leasing and Subleasing Commercial Premises, a tenant can sublet non-residential premises only with the landlord's written consent, and only for a limited period of time.

Last modified 13 Mar 2025

What types of arrangement does the law recognize which allow occupation and use of real property for a limited period of time?

Generally, the parties are free to contract as they wish. In the case of a commercial lease, it is common to provide for the indexation of the rent so that it is linked to the rate of inflation.

Last modified 13 Mar 2025

What types of arrangement does the law recognize which allow occupation and use of real property for a limited period of time?

The parties are free to review the rent. Nevertheless, the most common method of indexation is to link the rent to the rate of inflation through, for example, the Consumer Prices Index published by the Slovak Republic's Bureau of Statistics. A lease of non-residential premises also normally provides for the landlord to increase the rent if the costs of operating the building increase.

Last modified 13 Mar 2025

What types of arrangement does the law recognize which allow occupation and use of real property for a limited period of time?

Leases of real estate are exempt from VAT, apart from leases of certain types of facility, such as short-term accommodation (for example hotels), parking lots and secure deposit facilities. However, a taxpayer who leases property or a part of it to a taxable person may decide not to have the lease exempt from the VAT.

Last modified 13 Mar 2025

What types of arrangement does the law recognize which allow occupation and use of real property for a limited period of time?

The tenant is obliged to pay the agreed rent duly and on time.

Under the Act on Leasing and Subleasing Commercial Premises, the landlord of non-residential premises can terminate the contract in writing prior to the expiration of the definite period if the tenant has not paid rent for more than one month or owes fees for services related to the lease.

Alternatively, the landlord can issue court proceedings against the tenant to recover rent or other sums due under the lease, eg by submitting a motion for payment order.

Last modified 13 Mar 2025

What types of arrangement does the law recognize which allow occupation and use of real property for a limited period of time?

No fees are payable to the state or local authorities in relation to the lease itself. The cost of utilities, such as energy, water, sewage etc, is normally paid by the landlord, but will be reflected in the rent. In addition, a security deposit may be required.

Last modified 13 Mar 2025

What types of arrangement does the law recognize which allow occupation and use of real property for a limited period of time?

Generally, the landlord covers the operating costs of the whole building (common expenses) and the tenant pays a proportion of these costs, calculated according to the size of the leased premises.

Last modified 13 Mar 2025

What types of arrangement does the law recognize which allow occupation and use of real property for a limited period of time?

The landlord is obliged to maintain the property (whether residential or commercial) in good condition to enable its normal or agreed use, although in the case of commercial premises it is open to the parties to agree otherwise. A tenant of commercial premises is obliged to cover the costs of normal maintenance. The tenant is also obliged to notify the landlord without unreasonable delay when the need for any repairs arises, otherwise the tenant may be liable for any resulting damage. The tenant is responsible for the costs of minor repairs and any other are the responsibility of the landlord, unless stated otherwise in the contract.

Last modified 13 Mar 2025

What types of arrangement does the law recognize which allow occupation and use of real property for a limited period of time?

The cost of utilities, such as energy, water, sewage etc, is generally paid by the landlord and the tenant pays proportion of these costs, calculated according to the size of the leased premises.

Last modified 13 Mar 2025

What types of arrangement does the law recognize which allow occupation and use of real property for a limited period of time?

The cost of insuring the real estate is normally paid by the landlord, but will be reflected in the rent. Usually, a real estate insurance policy covers damage responsibility, natural disasters including damage by water and risk of theft by burglary. However, the tenant is also usually obliged to maintain an insurance policy to cover damages in connection with the leased premises.

Last modified 13 Mar 2025