Renting out an apartment is a legitimate way to earn income, but it also carries legal risks. Unpaid rent, property damage, refusal to vacate after the contract expires – these are situations that many landlords face in practice.
With a well-prepared contract and proper legal structure, these risks can be significantly reduced. Below are the key mechanisms for protecting the landlord, with special emphasis on the enforcement clause and the legal rights arising from the lease relationship.
Types of lease and their significance for the landlord
The law provides for several types of apartment leases: non-profit lease, market lease, lease for official purposes, and temporary lease. For private owners, the most common is the market lease, where the rent amount is freely negotiated between the parties and depends on market conditions.
The rental value can be determined based on criteria such as: location and distance from the center, infrastructure, floor level and building structure, furnishing, and energy efficiency.
It is important for the landlord that the contract precisely defines: the type of lease, the duration (fixed or indefinite period), payment deadlines and methods, and costs not covered by the rent (electricity, water, heating, common charges). Precision in the contract is the first line of defense.
Enforcement clause – key mechanism for collection and eviction
One of the strongest instruments for landlord protection is a lease agreement with an enforcement clause. If the contract contains an enforcement clause, the landlord can directly initiate enforcement proceedings without a prior court judgment, in cases such as: unpaid rent, unpaid bills, damage compensation, and forced eviction after contract termination.
This significantly reduces the time and costs of protecting rights. It is particularly important in situations where the contract was terminated due to non-payment, the contract has expired, or the tenant refuses to vacate the premises. With an enforcement clause, the eviction procedure can be conducted through an enforcement agent, without the need for lengthy court proceedings.
For the enforcement clause to be valid, the contract must be in written form, certified by a notary, i.e., solemnized. Without notarial solemnization, the contract does not have the status of an enforceable document and the landlord must first conduct court proceedings.
Practical rule: if you are renting out an apartment, insist on a notarially certified contract with an enforcement clause.
Mandatory contract elements – avoiding future disputes
The lease agreement must contain certain basic elements: description of the apartment (area, structure, furnishing), data about the parties, persons who will use the apartment, rent amount and payment deadlines, utility costs, manner of use, reasons for termination, and method of handing over the apartment.
List all persons who will use the apartment. If the apartment is used by persons not listed in the contract for more than 30 days without consent, this can be grounds for termination.
Regulate subletting. The tenant may sublet part of the apartment only with the landlord's consent. Without this consent, it constitutes a breach of contract.
Arrange access for inspection. The tenant is obligated to allow access at least twice a year for inspection of proper use of the apartment.
Right to terminate due to tenant's fault
The landlord has the right to terminate the contract when the tenant: does not pay rent, causes significant damage, uses the apartment contrary to the contract, conducts activities without permission, makes alterations without consent, sublets the apartment without approval, or seriously disturbs the neighbors.
Before filing a lawsuit, the landlord must issue a written warning to the tenant. The warning must contain: a description of the violation, a deadline for remedy (minimum 15 days), and the method of remedy. For the same violation, a warning is given only once.
A well-drafted warning is crucial for further legal protection. Without it, the court may reject the lawsuit.
Contract termination and return of possession
Upon termination of the contract, the tenant is obligated to hand over the apartment in the condition in which it was received, taking into account normal use and agreed-upon interventions.
If the tenant remains in the apartment without legal basis, the landlord has several options: they may apply permitted self-help (within certain legal deadlines), initiate urgent court proceedings for eviction, or, if there is an enforcement clause – direct enforcement through an enforcement agent.
The eviction procedure is urgent, but in practice the duration depends on the specific circumstances.
Landlord's obligations – risks if not respected
For complete protection, the landlord must also fulfill their own obligations: hand over the apartment in proper condition, be responsible for hidden defects, and register the contract with the competent authorities within 30 days.
If these obligations are not fulfilled, the tenant may request a rent reduction, carry out repairs at the landlord's expense, or seek damage compensation.
Therefore, protection is two-way – the landlord's discipline is a prerequisite for effective legal protection.
A lease relationship should not be based on verbal agreements or trust without legal security. For the landlord, the key elements are: a written and precise contract, notarial solemnization, an enforcement clause, clear rules for payment and use, timely written warnings in case of violations, and careful documentation of the apartment's condition.
A well-structured contract with an enforcement clause represents the most effective protection for collecting claims and protecting property. With the right legal approach, risks can be minimized and the lease can remain a stable and predictable source of income.
