Regulation No 179 / 1950 Coll.
Regulation on important grounds for termination or cancellation of protected leases without notice
Valid
Effective from 01.01.1951
179.
Order of the Minister of Justice
of 19 December 1950
relevant reasons for the termination or cancellation of protected leases without notice.
In agreement with the Minister of Labour and Social Welfare pursuant to § 385 (3) of Act No. 142 / 1950 Coll., on Civil Procedure (Civil Code of Judicial Procedure):
Admission to the statement, taking into account the need of the lessor, may be given:
(a) where the flat established in the case of a national or municipal undertaking or in the case of a cooperative registered in a company register and intended for the accommodation of its employees is necessarily necessary for the accommodation of the employee of that undertaking and the tenant is not its employee;
(b) where the flat set up in the buildings of a single agricultural cooperative or an agricultural production cooperative is, for example, a member of the cooperative and the tenant has ceased to be a member thereof;
(c) where the apartment established in the building of the Office, the establishment or establishment of the administration and intended for the accommodation of its staff is necessarily necessary for the accommodation of the staff of that Office, the establishment or establishment of the administration and the charterer is not an employee;
(d) if there is a need for a rental object in the houses of a foreign State for the purposes of its diplomatic mission or of its consular office and the same advantages in the State in question apply to the Czechoslovak Republic; a statement of whether reciprocity is guaranteed shall be given by the Ministry of Justice to the courts in doubt;
(e) if the charterer is proved by a final order or approval of the relevant national committee as a construction office for a construction operation which cannot be carried out without the removal of the lease;
(f) if the lessor wishes to move into the apartment in his family home or if he needs children for his married (married) family and does not require, at the discretion of both the charterer's or his children's and the lessee's general interest, in particular the interest in carrying out the tasks of the single economic plan, or the economic and family circumstances of the lessee, to maintain the lease ratio.
(1) For the behaviour of the tenant, an admission to the statement may be given:
(a) if the lessee, through warning, uses the rental item or suffers from it in such a way as to cause significant damage to the lessor;
(b) where the lessee or the person who lives with him, despite warning, violates in a gross manner the principles of social cohabitation in the house, in particular violates, in particular, the rough order of the house again or incites, through his conduct, his or her indignation;
(c) if the lessee has been convicted of an offence or a major offence committed against the lessor or his representative or the co-occupants of the house;
(d) if the lessee does not pay the rent, even if it has been recalled after its due, until the end of the period allowed by the lessor for at least 15 days from the reminder; the court may refuse admission to testify if the lessee has paid the rent due at the latest before the termination of the notice;
(e) if the lessee has put the whole or part of the apartment into sublease without serious reasons, but does not live in the rest alone or members of his family.
(2) Rentals within the meaning of paragraph 1 (d) shall mean rents contracted or intended within the limits of price regulations, levies and charges, provided that the lessee and the lessor have not undertaken to pay them for it, as well as increases permitted by the competent authority by a general measure or, in individual cases, by a final decision.
An important reason for denunciation is also if the house has to be demolished under the enforceable order of the competent national committee as a building office. If there is no danger of delay, it is in the procedure for admission to testify that this order is in legal order.
Allowances may also be given for other reasons which the court considers to be as important as those set out in § § 1 to 3.
In the case of § 2 (1) (a) and § 3, the lessor may also apply for permission to cancel the lease without notice.
(1) Where the provisions on protected rent also apply to subcontracts (§ 382 (2) of the Civil Code), the provisions of § 2 to 5 shall apply mutatis mutandis.
(2) Paragraph 2 (1) (b) also applies to the subletting ratio, if it is about the behaviour of the tenant (s) in the apartment.
This Regulation shall enter into force on 1 January 1951.
Zaporocký v. r.
Dr Rais v. r.
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Regulation Information
| Citation | Regulation No 179 / 1950 Coll., on important grounds for denunciation or cancellation without notice |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.12.1950 |
|---|---|
| Effective from | 01.01.1951 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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