21st April 2021

A proper lease will protect both the landlord and the tenant

A proper lease will protect both the landlord and the tenant
The real estate market offers a number of vacant properties, into which their owners trying to find a reliable and responsible tenant. The lanlordss should perform their duties regularly. Tenants, on the other hand, expect to be able to use the rented property as freely as possible, and in case of the unpredictable events, the landlord will communicate with them adequately. In order to protect the rights of both parties, it is important to formulate and conclude a lease correctly.
To ensure a long-term and problem-free relationship between the landlord and the tenant it is important that both parties define their needs and requests. A professional real estate agency with many years of experience of providing quality legal services will help them with this issue. Real estate agency can recommend to both parties the optimal rental period, the correct amount of payments for the use of real estate and also other conditions, that one or the other party needs to contractually treat, for example, such as consent for keeping a pet . Service and experience of the real estate agency will transfer all specific requirements into the lease agreement so that they are unquestionable and legally enforceable. If the lease contract is signed in this way, the real estate agency will supervise its proper performance in the interest of both parties.
Legal and economic side of the lease

At the beginning, it is necessary to clearly define what is the subject of the lease. Whether it is an apartment, non-residential space, family house or another type of real estate is the subject of the lease. Based on this, it is necessary to choose the correct legal regulation according to which the tenancy will be provided. Today, in addition to renting flats, we often encounter the renting of non-residential premises or apartments, for which a different legal regulation is applied, than for a flat.
"The legal regulation of the lease agreement is different for different objects of the lease, therefore it is very important to choose the right law for each type of real estate", explains Martin Bečár, lawyer, and founding partner of the real estate agency HERRYS, adding that the law no. 98/2014 Coll. on short-term lease of an apartment, which regulates the position of the landlord and tenant. This legal regulation brought up a shorter notice period, other reasons for notice and withdrawal from the contract. The meaning of the deposit and its use, within the rental relationship has been defined, “ says Martin Bečár about the details of the law. In addition, it is possible to use the provisions of the Civil Code, but it does not address all the conditions of the contract in such detail as the law.
Equally important is the correct setting of the amount of rent and payments for services provided with the use of the subject of the lease, ie payment for energy. "We often find that, the landlord includes in the energy or costs associated with the lease also items that are associated with the ownership of real estate. For example, it is insurance or a payment to the repair fund, which can subsequently lead to misunderstandings in the settlement of these payments between the tenant and the landlord, "explains Martin Bečár. The correct setting and distribution of the amount of rent and payments provided with the use of the subject of the lease in the lease agreement is also essential from a tax point of view.
Appropriately chosen duration of the lease
The length of the lease depends mainly of the needs of the tenant. It is offten used In practice, ranges from one to two years. "We recommend our clients to conclude a contract for one year, with the possibility of extending it for another period, if the both parties fulfill their obligations on time and correcty, resulting from the lease agreement," says Martin Bečár.
Of course, the length of the lease is affected by the subject of the lease itself. Small flats in the center are rented for a shorter period, than family houses or larger flats located in residential areas, there can be rented for several years. The length of the lease, is partly limited by the legal regulation itself. According to the Act on Short-Term Lease of an Apartment, "it is possible to sign a lease agreement for a maximum of two years and, based on the agreement of the parties, it can be extended for a maximum of two more years in the form of written amendments under the same conditions, twice".
Still new challenges
Under the influences of changing economic and legislative conditions of the market, rental properties are going through constant changes. Real estate agencies are trying to incorporate all their many years of experiences into the contractual documentation. "However, we are also encountering new ways of marketing, for example, nowadays it is about publishing photos or videos taken in the rental premises. We live in the time of youtubers, and coincidentally, the owner of the property had a problem, that such promotional video were made in his apartment and published on social networks, "says Martin Bečár from the real estate agency HERRYS, which has long-term experience with renting residential real estate. Therefore, it can respond promptly to various types of problems, that may arise in connection with the lease. The HERRYS office carries out 400 leases a year, and since the beginning of this year, it has already credited one hundred successful leases to its account. Such a range of experience, as well as experience during the Corona virus  crisis and its development at the beginning of 2021, is a guarantee that the real estate agency is competent to provide high quality services.
The professional experiences of a real estate agency will also help prevent possible conflicts. During the duration of the tenancy relationship between landlord and tenant can be affected, for example with relationship with neighbour, who may not be sympathetic to the new tenant. They can repeatedly contact the property owner with their complaints, often unfounded. Experts recommend having in the lease agreement, in addition to the legal requirements, also other rights and obligations of the contracting parties, which are important for the proper use of the property. For example, when renting a family house, it may be a requirement for garden maintenance, winter maintenance, or special service of some facilities in the house. In the case of flats, this may be the right to the presence of pets or the obligations arising from the house rules.

Martin Bečár

founding partner of a real estate agency HERRYS

phone: +421 915 838 668

e-mail: martin.becar@herrys.sk

Tomáš Halán


phone: +421 911 396 462

e-mail: tomas@skpr.sk

About the real estate agency HERRYS
HERRYS Real Estate Agency is one of the first fully licensed real estate agencies by the National Association of Real Estate Agents in our market, and all its agents successfully pass regular testing organized by the association. The office has been operating in and around the capital for ten years, during which time, it has built three branches. In 2018, it expanded its scope and its brokers began to provide services in Prague as well. HERRYS carries out 800 real estate transactions per year and has experience in the sale of residential real estate and is the exclusive seller of selected development projects. In the years 2012 to 2015 and in 2019 and 2020, the real estate agency HERRYS received the award for the best real estate agency in Slovakia with the CIJ Best Local Real Estate Agency award. In 2016 and 2017, the team of professionals was evaluated as the best sales team in Slovakia - Best Local Power Team of the Year. The SME Index portal selected HERRYS as the largest classic real estate agency of 2020 on our market.