Short-Term Apartment Lease
You have an apartment, you are moving into a larger one, and you want to rent out the original one. A good investment, you say. And since it is an investment, protect it. The basis for regulating relationships is of course, a contract.
In the case of renting out an apartment, you can use a lease agreement under the Short-Term Apartment Lease Act. For the purposes of the Act, a short-term apartment lease means a lease based on a lease agreement concluded under that Act, meeting its requirements (among other things, see below), and under which the duration of the lease is limited in time:A short-term apartment lease arises upon the conclusion of a lease agreement under which the landlord lets the apartment or part thereof to the tenant for rent, for a fixed term of no more than two years. Based on an agreement between the parties, a short-term apartment lease may be extended under the same conditions for a maximum of another two years, and this may be done twice.” Please pay attention to the phrase “under the same conditions”.
The lease agreement must be in writing, and the parties must provide each other with at least one copy.
The lease agreement must contain, in particular
▪️information about the parties required by law,
▪️a description of the subject matter of the lease and the scope of its use,
▪️the amount of rent or the method of determining it, and the amount of payments for services provided in connection with the use of the apartment and its accessories,
▪️a description of the condition of the apartment, a description of its accessories and furnishings, as well as a description of defects in the apartment, its accessories and furnishings known to the landlord at the time the lease agreement is concluded,
▪️the term of the lease,
▪️a declaration by the tenant that they are aware that the lease agreement is being concluded under that Act.
Subletting and Airbnb:
The tenant said they want to put my apartment on Airbnb and whether they can sublet it – I’m fine with that, how should I address it?
Simply put – the subject matter of the lease or part thereof (i.e. your apartment) may be sublet by the tenant only with your written consent as the landlord and for no longer than the term of the lease.
What else should you consider?
Useful provisions incorporated into contracts include, for example, regulating the number of people allowed to enter the balcony (due to the load), possibly attaching photos of the apartment and its furnishings (e.g. photos of mattresses, sofas and appliances if they were more expensive, and the like), as well as provisions prohibiting smoking indoors or regulating the possibility of keeping a pet in the apartment.
Do you need a draft short-term lease agreement prepared? Contact us: skypalova@skylex.sk
