Act No 116 / 1990 Coll.
Law on the rental and subletting of non-residential premises
Valid
Effective from 01.05.1990
116
THE LAW
of 23 April 1990
on the rental and subletting of non-residential premises
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
Definition
For the purposes of this Act, non-residential premises shall be:
(a) rooms or sets of rooms which, according to the decision of the building office, are designated (1) for purposes other than housing, in particular premises intended for the operation of production, trade, services, research, administrative activities, artistic, educational and educational activities, as well as archives, garages, storerooms and parts of publicly accessible premises of buildings; non-residential premises are not accessories of the apartment, laundry rooms, drying rooms, strollers and soil;
(b) apartments for which approval has been given for use for non-residential purposes.
Lease arose
The lease is based on a written lease agreement by the lessor to the lessee for the rental of the non-residential space. The lease contract shall include the subject matter and purpose of the lease, the amount of the rent and the remuneration for the performance provided in connection with the use of the non-residential space or the method of determining it and, if not for the lease for an indefinite period, the period for which the lease is concluded. If there is a lease agreed for the purpose of the business, the lease contract shall also include an indication of the subject matter of the business in the establishment located in the leased non-residential space.
Rights and obligations of the lessor and the lessee
(1) Unless otherwise agreed, the lessor is obliged to surrender the non-residential space to the lessee in a state eligible for the agreed purpose of the lease, maintain it with its cost, ensure the proper performance of the services the provision of which is linked to the use of the non-residential space and allow the lessee to exercise full and uninterrupted rights associated with the lease.
(2) The lessee is entitled to use the non-residential space to the extent agreed in the contract.
(3) The lessor shall notify the lessor without undue delay of the need for repairs to be carried out by the lessor and allow such and other necessary repairs to be carried out; otherwise the lessee shall be liable for damage caused by failure to comply.
(4) If the lessee intends to change the subject of the business in an establishment located in the leased non-residential area and if the change significantly affects the use of non-residential premises, the lessee shall notify the lessor and request his prior written consent unless the parties agree otherwise.
Lease
(1) Unless otherwise agreed, the lessee shall be entitled to leave the non-residential space or part thereof to sublease only for a specified period and only with the previous written consent of the lessor; the lease contract must be in writing.
(2) The rights and obligations arising from Paragraph 5 also apply to those to whom the non-residential space has been leased.
Rent
(1) If the amount of the rent or sublease payment is not covered by a generally binding law, the agreement shall be set out.
(2) Unless otherwise agreed, the rent, together with the payment for the performance provided in connection with the use of the non-residential space, shall be paid in advance in monthly instalments on the first day of the relevant calendar month.
If the lessee can use the non-residential space limited only because the lessor does not fulfil its obligations under the contract or the obligation laid down by this law, the lessee shall be entitled to a proportional rent discount; This provision shall also apply to subletting.
End of lease
(1) A fixed-term lease will end with the end of the period for which it was agreed.
(2) Unless otherwise agreed, the lessor may terminate the fixed-term lease in writing before the end of the agreed period if:
(a) the lessee uses non-residential space contrary to the contract;
(b) the lessee is more than one month late in paying the rent or payment for services the provision of which is associated with the hire;
(c) the lessee who is to provide a particular service to the lessor under the contract, does not provide such services properly and in a timely manner;
(d) the lessee or persons who use non-residential space with him, despite a written warning, grossly contravenes peace or order;
(e) the use of non-residential space is linked to the use of the apartment and the lessee has been obliged to vacate the apartment;
(f) a decision has been taken to remove the construction or to modify the construction which prevents the use of non-residential space;
(g) the lessee shall leave the non-residential space or part thereof in the sublease without the consent of the lessor;
(h) is the lease of non-residential space in real estate issued to an authorised person under Act No. 403 / 1990 Coll., on the mitigation of the consequences of certain property injustices;
(i) the lease of non-residential space in real estate transferred to the original owner pursuant to Act No. 229 / 1991 Coll., on the modification of property relations with land and other agricultural property;
(j) the lessee has changed the subject of business in the establishment without the prior consent of the lessor (§ 5 (4)).
(3) Unless otherwise agreed, the lessee may terminate the fixed-term lease in writing before the end of the agreed period if:
(a) lose competence to pursue the activity for which the non-residential area has been hired;
(b) the non-residential space becomes unfit for use without fault by the lessee;
(c) the lessor grossly infringes its obligations under Article 5 (1).
(4) Relations with the contracts for the rental and subletting of non-residential premises concluded between 31 December 1989 and 31 December 1990 by undertakings and economic facilities of the Communist Party of Bohemia and Moravia, the Communist Party of Slovakia - Democratic Left Parties and the Communist Party of Czechoslovakia and by undertakings, economic and purpose facilities of the Youth Union, the successor to the Socialist Youth Union, as charterer, expire on 31 January 1992 if they do not end before that date.
If the lease is closed for an indefinite period, both the lessor and the lessee shall be entitled to terminate the contract in writing without giving any reason, unless otherwise agreed.
If there is a change in ownership of the building in which the leased non-residential space is located or the leased non-residential space is owned under a specific legislation, the lessee or the lessor shall not be entitled to terminate the lease for that reason unless otherwise agreed.
The notice period shall be three months, unless otherwise agreed; shall be counted from the first day of the month following receipt of the statement.
Unless otherwise agreed, in the event of termination of the lease, the lessee shall be obliged to return the non-residential space in the state in which it was assumed, taking into account normal wear.
If it is not agreed otherwise, the lease shall cease
(a) the death of the tenant, unless the heirs after the deceased who was the tenant notify the lessor within 30 days of his death that they continue to rent,
(b) the disappearance of a legal person without a legal successor, if that person was a tenant.
Transitional and final provisions
(1) The rights of use of non-residential premises, which have been established in accordance with existing rules, are governed by this law and are considered to be arising under an indefinite contract. This provision shall be without prejudice to the rights of use arising from the burden in kind. 5)
(2) Administrative procedures initiated under existing legislation on the management of non-residential premises are hereby terminated at the beginning of the application of this law.
(3) This law does not apply to non-residential premises used under Act No. 123 / 1975 Coll., on the use of land and other agricultural property to ensure production, as amended by Act No. 95 / 1988 Coll. and Act No. 114 / 1990 Coll.
_
1. § 196, 197, 392, 393 and § 493 (2) of Act No. 40 / 1964 Coll., Civil Code,
2. Act No. 111 / 1950 Coll., on the Management of Certain Rooms,
3rd Government Decree No. 172 / 1950 Coll., implementing Act No. 111 / 1950 Coll.,
4. Government Decree No. 52 / 1955 Coll., on the transfer of competence in the management of certain rooms,
5. Government Directive No 412 / 1959, published at 43 / 1959 Ú. l., for the activities of the executive bodies of the national committees in the planned management of non-residential rooms.
Efficacy
This Act shall take effect on 1 May 1990.
Havel v. r.
Dubček v. r.
CHF
1) For example, § 66, 68, § 82 (1), § 85 (1) of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended.
5) § 135b et seq. of Act No. 40 / 1964 Coll., Civil Code, as amended by Act No. 131 / 1982 Coll.
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Regulation Information
| Citation | Act No. 116 / 1990 Coll., on the rental and subletting of non-residential premises |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.04.1990 |
|---|---|
| Effective from | 01.05.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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