A lease is a well-known contract type that is often encountered both by entrepreneurs and by individuals. The lease contract deals with the Civil Code. By the lease, the landlord undertakes to leave the tenant for temporary use. The Lessee undertakes to pay to the Lessor a consideration known as rent. The subject of the lease may be a real estate (or part of it) or a movable thing. It is also possible to rent a thing that will only occur in the future if it is possible to determine it sufficiently precisely when the lease is concluded.
The contract can be concluded verbally, only for renting an apartment and a house with a view to securing housing needs prescribed by law in a mandatory written form.
The rental agreement should include a description of the subject of the lease, the date of the lease of the subject of the lease to the lessee, the condition in which the subject of the lease is situated upon its taking over by the lessee, the purpose of the lease, the period to which it is concluded, the amount of the rent, the rights and obligations of the parties, (the deposit is typical), the possibility of premature termination of the lease, the possibility of making changes, etc.
The lease agreement can be negotiated for a fixed or indefinite period. If the contract does not specify the time agreed, the lease is negotiated for an indefinite period.
Rent may be negotiated as exclusive or non-exclusive. In the case of exclusive leasing, only the tenant has the exclusive right to use the thing that is the subject of the lease.
The rent is paid in the agreed amount (money) and in the agreed terms. Rent may also be negotiated in a currency other than the Czech crowns or, for example, in regular rentals of the tenant. Landlords often require an annual adjustment (increase) in rents to reflect the rise in consumer price inflation. As a basis, inflation can be published annually by the Czech Statistical Office. It is at the parties’ agreement whether the rent will be changed annually automatically, or the lessee will inform the lessee of the change in the rent (in advance) and whether it will be reduced if necessary.
The law generally does not limit the amount of security (deposit) that the lessee is obliged to provide to the lessor as security of his obligations under the lease. It is at the landlord’s decision.
- has the right to secure its claims against the lessee by the lawful detention right,
- handed over a thing with everything that is necessary for proper use of the thing,
- has an obligation to provide the lessee with undisturbed use of the property for the duration of the lease
- is not responsible for the defect of the leased thing, which at the time of conclusion of the lease was known by the parties and which does not prevent the use of the case
- is obliged to use the thing as a proper economic operator for the purpose or for the usual purpose, and to pay the rent
- if the defect is to be remedied by the landlord, the lessee can only use the thing with difficulty and the landlord has not received a defect even after the tenant has informed the tenant of the right to a reasonable rent discount or he can make the repair himself and claim the costs
- has an obligation to notify the landlord that the rented property has a defect to be remedied by the landlord as soon as it has been discovered or discovered
- has an obligation to enable the landlord to inspect, lease or access the rented property for the purpose of carrying out the necessary repairs or maintenance of the item, the lessor must notify the lessee in advance of the inspection in good time
If the lessor agrees, the lessee may establish a third party to the right of use; if the lease is concluded in written form, the landlord’s consent also requires a written form.
The lease may result in the termination of the leased property, the parties’ agreement on the premature termination of the lease, the termination of the lessee without the successor, the expiry of the term or the unilateral termination of the lease.
Lease agreed for an indefinite period terminates with one of the parties. If the matter is movable, the notice period is one month, if it is immovable, it is three months. The statement need not be justified; this does not apply if the party has the right to terminate the lease without notice.
If the tenant uses the thing even after the lease term and the lessor does not ask him / her to surrender the thing within one month, the rental agreement shall be reintroduced under the conditions previously agreed. If the rental period was initially more than one year, it is now valid for one year; if less than one year, it is now valid for this period.
Business lease of movables
Entrepreneurs doing business in the field of renting things rent a movable thing for money. It is more likely to be a short-term rent. The most frequent case of entrepreneurial lease is the lease of technological equipment, tools, equipment of the premises, etc. The tenant has the right to terminate the lease at any time, the tenure is ten days.
Hire of means of transport
By a lease, the lessor undertakes to let the tenant for a certain period of time using the means of transport and the tenant undertakes to pay the rent to the lessor. The lessor submits the means of transport to the lessee together with the documents necessary for its operation, at the agreed time, otherwise without delay after the conclusion of the contract. The renter will only cover the means of transport if it has been arranged. The lessee pays the rent after termination of use of the means of transport; however, if the lease is agreed for a period longer than three months, the tenant pays the rent at the end of each calendar month.