The most common myth is that as a tenant I can terminate my lease at any time within 3 months, without giving any reason. This only applies to rental relationships where you have a contract for an indefinite period, which is practically not offered by anyone these days.
With a fixed-term contract, most often for 1 year, as a tenant you do not have the option to terminate the contract without giving a reason. You should stay for the entire period and pay the agreed rent.
The remaining legal exceptions for early termination of a lease are:
For A:
If the landlord has agreed to an early termination option directly in the lease agreement, then you can use such an arrangement. The landlord can give you such a privilege, but this privilege does not apply to the landlord. So if the contract states that both parties can terminate the lease at any time within a three-month period and it is signed by both parties. This advantage applies only to you. Not to the landlord.
For B:
Change of circumstances section § 2287
The tenant may terminate a fixed-term lease if the circumstances on which the parties apparently relied when the obligation under the lease contract arose change to such an extent that the tenant cannot reasonably be expected to continue the lease. The notice period in such a case is 3 months. What can be this change of circumstances? It must be something serious, such as the loss of a job in the place of residence and similar serious reasons.
For C:
The property becomes unusable for habitation, Sections 2227 and 2266
or the landlord grossly violates his obligations
If the property becomes unusable for living reasons for reasons beyond the tenant’s control and the landlord does not resolve the issue , then it is possible to terminate the lease. Termination is also possible if the owner says that he is resolving the situation, but in reality does not show signs that this is actually the case. In short, if he grossly violates the landlord’s obligations. Then it is possible to terminate the lease without a notice period, i.e. immediately after the notice is delivered to the landlord.
You can learn how practice often deviates from theory in my article.
Finally, there is nothing stopping you from terminating the lease by written agreement with the landlord, where you agree on the terms of termination.
Another tip for tenants.
As the weaker party in the contractual relationship with the landlord, you are intensively protected. If the landlord is evicting you from your lease and you suspect that he does not have sufficient grounds for this, you can file a lawsuit to review the validity of the notice, within 2 months of the date you received it. The lawsuit must be filed with the district court in the place where the apartment is located. For example, you can object that if you were dismissed for gross breach of contract, the facts do not meet the seriousness and intensity that could be classified as gross breach. This is the most common offense. If the invalidity is confirmed, the landlord will have to compensate you for the damage. For more information on this topic, I recommend my article When can I terminate a tenant?
Are you looking for someone to help you sell or rent a house, apartment, or land? Contact me and we will do it in a pleasant, fast, and humane way.
Bc. Jan Holický, MBA.
ARE YOU CONSIDERING OR PLANNING TO RENT AN APARTMENT?
In addition to knowing where and how to look for the best tenants, I also know many of the typically neglected pitfalls of this issue.
Do you want someone who will last a long time in your tenancy, with whom you will not have to deal with operational problems, someone who will pay on time and regularly, will not damage the apartment or its equipment, will have liability insurance for damage, will have decent communication with them, and will follow the basic rules of social coexistence?
Please let me know. This is my specialty and I have a system for selecting such tenants.