Act No. 132 / 2011 Coll.
Act amending Act No. 40 / 1964 Coll., Civil Code, as amended, and Act No. 102 / 1992 Coll., amending certain issues relating to the publication of Act No. 509 / 1991 Coll., amending, supplementing and adapting the Civil Code, as amended
Valid
Effective from 01.11.2011
132
THE LAW
of 3 May 2011
amending Act No. 40 / 1964 Coll., Civil Code, as amended, and Act No. 102 / 1992 Coll., adjusting certain issues relating to the publication of Act No. 509 / 1991 Coll., amending, supplementing and adapting the Civil Code, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Civil Code
Act No. 40 / 1964 Coll.
1. In Paragraph 685 (1), the second sentence is replaced by the sentence "A lease agreement may also be negotiated for the duration of the work of the lessee."
2. Paragraph 685 (4) reads as follows:
"(4) Special purpose dwellings are specially designed for the housing of disabled persons and apartments in special purpose homes. ';
3. In Paragraph 686a (1), the second sentence is deleted.
4. In Paragraph 686a (3), the first and second sentences are replaced by the following: "If the lessor does not assess otherwise with the lessee, the lessor is entitled to use these funds to cover the rent claims and to pay for the performance provided in connection with the use of the flat or for the payment of other debts of the lessee in connection with the lease granted by an enforceable decision of the court or the lessee in writing recognised."
5. In the last sentence of Article 686a (3), the words "after a letter of invitation from the lessor 'shall be inserted after the words" after the letter of invitation from the lessor' and the words "in an account with the money institution 'shall be deleted.
6. Paragraph 686a (4) reads as follows:
"(4) At the end of the lease, the lessor shall return to the lessee unspent funds with accessories within a maximum of one month from the date on which the lessee cleared the apartment and transferred it to the lessor, unless otherwise assessed. '
7. In Article 686a (5), the words "from a special account 'are deleted.
8. In Article 686a, paragraph 6 is deleted.
9. Paragraph 687 (2) reads as follows:
"(2) In the lease agreement, the transfer of the flat may be arranged in a state which is unfit for proper use, provided that the lessee and the lessor at the same time define the rights and obligations arising therefrom, in particular the amount and method of reimbursement of the costs of the adjustment. '
10. In Paragraph 687 (3), the first sentence is replaced by "If the lessor is not otherwise valued by the lessee, small repairs in the apartment related to its use and the costs of normal maintenance are borne by the lessee."
11.
(1) In addition to the right to use the apartment, the lessee shall have the right to use the common premises and facilities of the house as well as to enjoy the services which are associated with the use of the apartment.
(2) The lessee shall be obliged to use the apartment, common premises and facilities of the house properly and to enjoy the services which are associated with the use of the apartment. '
12.
(1) The lessor has the right to require that only a number of persons live in an apartment that is adequate to the size of the apartment and does not prevent all persons from being able to use the apartment properly and live in hygienically satisfactory conditions.
(2) The lessor has the right to reserve in the lease agreement the consent to accept another person into the apartment. This does not apply if the person concerned is involved or if there are other cases of special consideration.
(3) The lessee shall notify the lessor in writing and without undue delay of the change in the number, names, surnames and dates of birth of the persons in the apartment, where such change can be considered to take more than 2 months; the lessee is also obliged to notify the lessor of the conclusion of the marriage or transfer of the lease. If the lessee does not do so within 2 months of the date on which the change occurred, the lessee shall be deemed to have grossly violated his obligation.
(4) If the lessee knows in advance of his long-term absence in an apartment linked to the complex availability of his or her person, he or she shall notify the lessor accordingly. At the same time, it shall indicate the person who will ensure the possibility of entering the apartment during this period if necessary. '.
13. In Section 690, the words "on it" shall be inserted after the words "on it" and the words "to tenants" shall be replaced by the words "users of the house undisturbed."
14. in Paragraph 696, the following paragraphs 2 to 5 are inserted after paragraph 1:
"(2) If the lease has not been negotiated, the lessor may propose in writing an increase in the rent to the lessee. If the lessee agrees to a rent increase, the rent shall be increased from the third calendar month following the receipt of the application. If the lessee does not notify the lessor in writing within two months of the receipt of the application that it agrees to the increase in the rent, the lessor shall have the right to propose, within a further three months, that the rent be determined by the court. The court, acting on a request from the lessor, shall decide on the determination of the rent which is customary at the place and time. The amount of the lease shall be determined by the court on the date on which the application is lodged.
(3) The Court of First Instance may also decide pursuant to paragraph 2 in the case of a lease where the lease was negotiated by an agreement and is an indefinite lease if there has been a substantial change in the circumstances on which the lease was based by the lessor or the lessee.
(4) If the lessee proposes a reduction in rent, the provisions of paragraphs 2 and 3 shall apply mutatis mutandis.
(5) The provisions of paragraphs 2 to 4 shall not apply to the determination of the rent for the cooperative flat. "
Paragraph 2 shall become paragraph 6.
15. in Paragraph 696 (6):
"(6) Unless otherwise agreed between the lessor and the lessee, the method of calculating the remuneration for the transactions provided with the use of the flat and the way in which they are paid shall be laid down in specific legislation. '.
16.
(1) If the lessee dies and not for the joint lease of the flat, the rights and obligations of the lease shall pass on to the person who lived in the apartment with the lessee on the day of his death in the common household and does not have his own apartment. If this person is someone other than the tenant's husband, partner, parent, sibling, son-in-law, daughter-in-law, child or grandson, only if the landlord has agreed to live in the apartment will the rights and obligations of the tenant be transferred to him. A written form is required for consent.
(2) The lease of an apartment after its transfer in accordance with paragraph 1 shall expire no later than 2 years after the date of the transfer. This provision shall not apply where the person to whom the lease has been transferred has reached the age of 70 at the time of the transfer. Similarly, this provision shall not apply where the person to whom the lease has been transferred has not reached the age of 18 at the time of the transfer; in that case, the lease shall end no later than the date on which that person reaches the age of 20, unless otherwise agreed between the lessor and the lessee.
(3) If more than one person fulfils the conditions for the transfer of the lease, the rights and obligations of the lease will pass to all jointly and severally. However, if there is a tenant's child among these persons, the rights and obligations of the lease shall pass on to them.
(4) Any person meeting the conditions for the change of lease may notify the lessor in writing within one month of the tenant's death that he does not wish to continue the lease; the date of notification of the lease.
(5) If a tenant of a cooperative flat dies and does not have a joint spouse, the lessee's death shall pass over his membership of the cooperative and the lease of the apartment to the heir to whom the member's share was owed. '
17.
Paragraph 707 (1) and (3) shall apply even if the lessee leaves the household permanently. '
18. § 709 reads:
Paragraph 703 to 707 shall not apply to special purpose dwellings. '
19. In Article 710 (1), the word "or 'is replaced by a comma and at the end of the text of paragraph 1, the words" or otherwise provided for by this law' are added.
20. In Article 710, the words "unless otherwise specified" shall be added at the end of the text of paragraph 2.
21. In Section 710, at the end of paragraph 3, the sentence "If the contract does not provide otherwise, the renewal clause may not be applied to the rent of the apartment (Section 676 (2))."
22. In Article 710 (4), the words "work for the lessor 'are replaced by the words" certain work' and the words "work for the lessor without serious reason 'are replaced by the words" work for the lessor'.
23. in Article 710 (5):
"(5) If the lessee ceases to perform certain work on which the lease of an apartment is linked, for reasons of his age or medical condition or for other serious reasons, the lease of the apartment shall end two years after the lessee has ceased to carry out certain work. '
24. Paragraph 710 (6) is deleted.
25. in Article 711 (2) (b), the words "on account" shall be deleted;
26. in Article 711 (2) (e):
"(e) if there is a special destination and the tenant is not a disabled person; This provision shall not apply if the lessee has reached 70 years of age. ';
27. in Article 711 (3):
"(3) The renunciation must be delivered to the tenant. The written statement must state the reason for the statement, the period of notice (Paragraph 710 (2)) and the lessee's instruction on the possibility of bringing an action within 60 days for the annulment of the statement to the court. The tenant is obliged to vacate the apartment within 15 days of the day of the shelter."
28. Paragraph 711 (4) is deleted.
Paragraph 5 shall become paragraph 4.
29. in Article 711a (1), point (b) is deleted;
Points (c) and (d) shall be renumbered (b) and (c).
30. in Paragraph 711a (2):
"(2) The lessor's written statement must be delivered to the lessee. The written statement must state the reason for the statement and the period of notice (Paragraph 710 (2)). If the court authorises the termination of the lease, it shall at the same time determine the length of the period of notice and decide on the obligation to vacate. The period of notice shall not begin until the first day of the calendar month following the legal authority of the court. '.
31. in Article 711a (3), the words "points (a), (c) and (d)" shall be deleted;
32. in Article 711a, paragraph 4 is deleted;
Paragraphs 5 and 6 shall be renumbered paragraphs 4 and 5.
33.In Article 711a (5):
"(5) If the lessee is entitled to an apartment refund, the lessee shall be obliged to vacate the apartment within 15 days of securing the corresponding apartment refund. '
34. in the second sentence of Article 712 (2), "(a), (b), (c) and (d)" shall be replaced by "(a), (b) and (c)" and the fourth and fifth sentences shall be deleted;
35. in Article 712 (5) and (6):
"(5) If the lease ratio of the lessor's statements in accordance with Section 711 ends, it is sufficient to provide shelter when vacating. A shelter means temporary accommodation until the lessee has arranged for proper accommodation and space for storage of his housing and other household and personal items, but for a maximum period of 6 months.
(6) Joint tenants are entitled to only one housing refund. "
Paragraph 36 (713) reads:
(1) If, after the death of the lessee or after the divorce of his marriage, the spouse, former spouse or persons referred to in Article 706 (1) are also used, they shall not be obliged to move out of the apartment until adequate housing compensation has been provided.
(2) If a person close to the tenant is using the apartment to which the rent has been arranged for the duration of the work, he shall have the right to live in the apartment after death. However, if the lessor invites it to vacate the apartment, he shall be obliged to do so within three months of the date of service of the call. In the event of the death of a lessee in connection with the performance of this work, that person shall not be obliged to move out until adequate housing compensation has been provided.
(3) The obligation to provide the housing refund referred to in paragraphs 1 and 2 shall expire two years after the tenant's death or the divorce of his marriage and the persons using the apartment shall be obliged to vacate the apartment.
(4) Where a disabled person or a person who has reached 70 years of age uses a special destination, the provisions of paragraph 3 shall not apply. ';
37. in Article 715, the third sentence is deleted;
38. In Article 718, the second sentence is replaced by the sentence "In the event that the rental of the living room ended for reasons for which the rent of the apartment can be refunded pursuant to Section 711 (2), it is sufficient to provide shelter for the removal."
Transitional provisions
1. The provisions of the Civil Code, as effective from the date of entry into force of this Act, also govern the legal relations arising under the Civil Code and Act No. 102 / 1992 Coll., which regulate certain issues relating to the publication of Act No. 509 / 1991 Coll., amending, supplementing and adapting the Civil Code before the date of entry into force of the Act. However, the creation of such legal relations and claims arising from them before the date of entry into force of this Act shall be assessed in accordance with existing legislation.
2. If the service apartment under the Civil Code, as effective by the date of entry into force of this Act and Act No. 102 / 1992 Coll., as effective by the date of entry into force of this Act, is used by the lessee who has ceased to work for the lessor, the lessor may terminate the lease in accordance with § 711a. If the lessee has ceased to work for the lessor without serious reasons, it is sufficient to provide shelter when vacating. In other cases, the lessee shall be entitled to adequate housing compensation. The obligation to provide the housing refund shall expire 2 years after the date of application of this Act.
3. If a service apartment under the Civil Code, as effective by the date of entry into force of this Act and Act No. 102 / 1992 Coll., as effective by the date of entry into force of this Act, is used by a person close to the tenant after death, he has the right to reside in the apartment. However, if the lessor invites it to vacate the apartment, he shall be obliged to do so within three months of the date of service of the call. In the event of the death of a lessee in connection with the work of the lessor, that person shall not be obliged to move out until adequate housing compensation has been provided. The obligation to provide the housing refund shall expire 2 years after the date of application of this Act.
4. If the lessor invites the lessee, within two months of the date of application of this Act, to notify him of the information relating to persons in the apartment who may be deemed to remain in the apartment for more than 2 months, in particular their names, surnames, dates of birth and further the conclusion of a marriage or the transfer of the apartment, the lessee shall be obliged to do so no later than 4 months from the date of application of this Act.
5. For apartments in the capital of Prague, in the municipalities of the Central Bohemian Region with population on 1 January 2009 higher than 9 999 and the cities of České Budějovice, Pilsen, Karlovy Vary, Liberec, Hradec Kralove, Pardubice, Jihlava, Brno, Olomouc and Zlín, the provisions of § 696 (2) to (4) of the Civil Code, as effective from the date of entry into force of this Act, shall apply from 1 January 2013.
Amendment to Act No. 102 / 1992 Coll.
In Act No. 102 / 1992 Coll., which regulates certain issues related to the issue of Act No. 509 / 1991 Coll., amending, supplementing and adapting the Civil Code, as amended by Act No. 227 / 1997 Coll., Act No. 126 / 1998 Coll., Act No. 320 / 2002 Coll. and Act No. 359 / 2005 Coll., Part Two is deleted.
EFFECTIVE
This Law shall enter into force on the first day of the sixth calendar month following its publication, with the exception of the provisions of Article 5 (1) (a) and (b). I, point 14, which shall take effect on the day of its publication.
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Regulation Information
| Citation | Act No. 132 / 2011 Coll., amending Act No. 40 / 1964 Coll., Civil Code, as amended, and Act No. 102 / 1992 Coll., which regulates certain issues relating to the publication of Act No. 509 / 1991 Coll., amending, supplementing and adapting the Civil Code, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.05.2011 |
|---|---|
| Effective from | 01.11.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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