REALWorld Law

Commercial leases

Early termination

Can a tenant be forced to leave prior to the date originally agreed and, if so, how long will this process take?

Slovak Republic

Slovak Republic

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; or
  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; or
  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;
  8. If the premises are part of a property that is repossessed by another owner under certain statutory provisions; or
  9. 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).

The notice period for termination of a lease agreement for land used for agricultural purposes while operating an agricultural holding shall not expire before the minimum lease term pursuant to Section 8 of the Leases of Agricultural Land, Agricultural Holding and Forests Act. A lease agreement for land for agricultural purposes while operating an agricultural holding concluded for a fixed term may be terminated if this right and the reasons for termination are agreed in the agreement.