As landlords we get a raw deal, so to speak, in terms of rights when renting out our apartment in comparison to the tenant who is well protected by the Civil Code.
I´ve prepared a questionnaire that focuses on the most important characteristics of the tenant, thanks to which we can estimate better if the person interested in renting is responsible. You can download it below the article.
In my opinion, this questionnaire is necessary at any time because, as we´ve already mentioned, the Civil Code protects tenants even outside these emergency governmental measures. One example is sufficient: We can terminate a rental agreement with the tenant only when they owe us an amount of minimally three monthly rents and utilities. Once the debt has reached this amount, the tenant has another 30 days to hand over the property. In other words – we have to let the tenant stay in the apartment for free for four months. It´s true that we have the deposit for such cases, however, its normal amount in the Czech Republic equals to one to two monthly rents only. Such an amount will usually cover the cost of repairing the apartment where such a problematic tenant lived. Of course that we can include a provision in the agreement stipulating that we are entitled to terminate the rental agreement with the tenant in the event of a delay in paying the rent of five days for example but any provision of the rental agreement that is in contradiction with the Civil Code is invalid, therefore if we got to the court, we´d lose. And unfortunately, what can be regulated in the rental agreement beyond the scope of the Civil Code is irrelevant.