REALWorld Law

In what ways, if at all, can a tenant transfer its rights to a third party and what restrictions can be imposed on such transfers?

The types of lease used in Slovakia are:

• General leases under the Civil Code which applies unless specific legislation overrides it.
• Specific types of lease governed by the Civil Code: in the case of an apartment lease for a term of less than six years - the Act on Short-term Apartment Leasing, the Leases of Agricultural Land, Agricultural Holding and Forests Act, the Act on Leasing and Subleasing Commercial Premises.

Last modified 23 Apr 2026

In what ways, if at all, can a tenant transfer its rights to a third party and what restrictions can be imposed on such transfers?

Generally, the parties are free to contract as they wish. The Leases of Agricultural Land, Agricultural Holding and Forests Act in some particular cases lays down minimum or maximum terms. The maximum length of short-term apartment leases under the Act on Short-term Apartment Leasing is six years. Leases of land for five years or more must be registered with the cadastral registry.

Last modified 23 Apr 2026

In what ways, if at all, can a tenant transfer its rights to a third party and what restrictions can be imposed on such transfers?

The Slovakian Civil Code lays down regulations for leasing residential premises (ie apartments). The Act on Short-term Apartment Leasing governs apartment leases for terms of up to six years. For commercial leases, the general provisions contained in the Civil Code and the specific provisions of the Act on Leasing and Subleasing Commercial Premises apply. In addition, a lease of agricultural land and forests is regulated by the Leases of Agricultural Land, Agricultural Holding and Forests Act.

Last modified 23 Apr 2026

In what ways, if at all, can a tenant transfer its rights to a third party and what restrictions can be imposed on such transfers?

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 23 Apr 2026

In what ways, if at all, can a tenant transfer its rights to a third party and what restrictions can be imposed on such transfers?

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 23 Apr 2026

In what ways, if at all, can a tenant transfer its rights to a third party and what restrictions can be imposed on such transfers?

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.

Last modified 23 Apr 2026

In what ways, if at all, can a tenant transfer its rights to a third party and what restrictions can be imposed on such transfers?

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 23 Apr 2026

In what ways, if at all, can a tenant transfer its rights to a third party and what restrictions can be imposed on such transfers?

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 23 Apr 2026

In what ways, if at all, can a tenant transfer its rights to a third party and what restrictions can be imposed on such transfers?

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 23 Apr 2026

In what ways, if at all, can a tenant transfer its rights to a third party and what restrictions can be imposed on such transfers?

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 23 Apr 2026

In what ways, if at all, can a tenant transfer its rights to a third party and what restrictions can be imposed on such transfers?

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 23 Apr 2026

In what ways, if at all, can a tenant transfer its rights to a third party and what restrictions can be imposed on such transfers?

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 23 Apr 2026

In what ways, if at all, can a tenant transfer its rights to a third party and what restrictions can be imposed on such transfers?

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 23 Apr 2026

In what ways, if at all, can a tenant transfer its rights to a third party and what restrictions can be imposed on such transfers?

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 23 Apr 2026

In what ways, if at all, can a tenant transfer its rights to a third party and what restrictions can be imposed on such transfers?

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 23 Apr 2026

In what ways, if at all, can a tenant transfer its rights to a third party and what restrictions can be imposed on such transfers?

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 23 Apr 2026

In what ways, if at all, can a tenant transfer its rights to a third party and what restrictions can be imposed on such transfers?

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 23 Apr 2026