Act No. 209 / 2020 Coll.
Act on certain measures to mitigate the effects of the Coronavirus SARS CoV-2 epidemic on tenants of residential spaces, on the recipient of a loan provided by the State Housing Development Fund and in connection with the provision of services related to the use of apartments and non-residential premises in the housing
Valid
Law
Effective from 27.04.2020
Text versions:
27.04.2020
209
THE LAW
of 22 April 2020
on certain measures to mitigate the effects of the Coronavirus SARS CoV-2 epidemic on tenants of residential spaces, on the recipient of a loan provided by the State Housing Development Fund and in connection with the provision of services related to the use of flats and non-residential premises in the housing
Parliament has decided on this law of the Czech Republic:
(1) For the purposes of this Act, an emergency situation declared in accordance with Articles 5 and 6 of the Constitutional Law on Security of the Czech Republic by the Government of the Czech Republic in 2020 due to health threats related to the detection of a new coronavirus / known as SARS CoV-2 / in the Czech Republic.
(2) For the purposes of this Act, exceptional measures in the event of an epidemic shall mean:
(a) a crisis measure under Section 2 (c) of the Crisis Act adopted by the Government of the Czech Republic at a time of emergency,
(b) an emergency measure issued in 2020 by the Ministry of Health on the basis of Articles 69 (1) (b), 69 (2) and 80 (1) (g) of the Act on the Protection of Public Health for the Protection of the Population and the Prevention of the Risk of the Development and Expansion of the Disease of COVID-19 caused by the new Coronavirus SARS CoV-2;
(c) an exceptional measure issued in 2020 by the Regional Health Station on the basis of § 69 (1) (b), § 69 (2), § 82 (1) and § 82 (2) (m) of the Act on Public Health Protection to prevent the further spread of the disease of COVID-19 caused by the new Coronavirus SARS CoV-2.
(3) For the purposes of this Act, the deadline shall be 12 March 2020 until the day following the date of the expiry of the emergency measures in the event of an epidemic, but not later than 31 July 2020.
(4) For the purposes of this Act, a protective period shall mean the period from the date of entry into force of this Act until 31 December 2020.
Measures to mitigate the effects of the epidemic on tenants of premises used to satisfy housing needs
(1) Paragraph 2 to 4 shall apply to the rental of an apartment, house or part thereof, if the purpose of the lease is to satisfy the tenant's housing needs. Paragraph 2 to 4 shall apply mutatis mutandis to subletting an apartment, house or part thereof, if the purpose of subletting is to satisfy the dwelling's needs.
(2) An arrangement derogating from the provisions of this Act to the detriment of the lessee shall not be taken into account.
(1) The lessor cannot unilaterally terminate the lease in the period of protection on the sole ground that the lessee is late in paying the rent if the lease was delayed
(a) at the relevant time; and
(b) mainly as a result of restrictions resulting from exceptional measures in the event of an epidemic which prevented or significantly impeded the proper payment of rent.
(2) The provision of paragraph 1 shall be without prejudice to the right of the lessor to terminate the lease for other reasons or to other rights of the lessor resulting from the lease delay.
(3) The lessee shall demonstrate to the lessor, without undue delay and with certainty appropriate to the facts available, the circumstances of the delay referred to in paragraph 1 (b), a confirmation from the competent office of the work of the Czech Republic, to which the lessee must document the supporting documents, the form and formalities of which are laid down in a methodological instruction.
(4) If the lessee does not pay all the rent claims due at the relevant time, the lessor shall have the right to terminate the lease without notice. The lessor shall have this right even if the lessee or the lessee declare otherwise undoubted that they will not pay these claims even in the period of protection.
(1) The lessor may, after the circumstances referred to in Article 3 (1) (b) have ceased, but first after the end of the emergency situation, require the lease to be cancelled, unless he can reasonably require him to tolerate the restriction to a specified extent, in particular if, as a result of the restriction, he might fall into such an emergency that he will not have his own or the necessary nutrition of the person for whom he is legally obliged to feed.
(2) If the parties fail to assess the application, the court shall decide on the cancellation of the lease referred to in paragraph 1.
Measures to mitigate the effects of the epidemic on the beneficiaries of the loan granted by the State Housing Development Fund
(1) The State Housing Development Fund may, at the request of the beneficiary of the credit, defer the maturity of the repayment of the principal and accessories of the loan for a period up to 30 November 2020 if the beneficiary of the loan proves that the loan is unable to repay the loan resulting from an emergency epidemic. The beneficiary of the loan may not be required to pay the costs associated with the execution of the application or any other remuneration in connection with the submission of the application under the first sentence.
(2) In the case referred to in paragraph 1, the total repayment period shall be extended by the period for which repayment of the principal and the credit facilities has been deferred.
Settlement and financial settlement of performance costs associated with the use of flats and non-residential premises in the housing
For the purposes of Articles 6 and 7:
(a) by the service provider of services pursuant to § 2 (a) of Act No. 67 / 2013 Coll., adjusting certain issues related to the provision of services related to the use of apartments and non-residential spaces in the house with apartments, as amended by Act No. 104 / 2015 Coll. ("the Services Act '),
(b) the recipient of the services of the recipient pursuant to § 2 (b) of the Services Act; and
(c) by billing the bill pursuant to § 2 (f) of the Services Act.
The obligation of the service provider to deliver a service bill to the service recipient which would have been achieved after the date of entry into force of this Act and before 31 August 2020 shall be deemed to be an adult on 1 September 2020.
Efficacy
This Act shall take effect on the day of its publication.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 209 / 2020 Coll., on certain measures to mitigate the effects of the Coronavirus SARS CoV-2 epidemic on tenants of residential spaces, on the recipient of a loan provided by the State Housing Development Fund and in connection with the provision of services related to the use of flats and non-residential spaces in the housing |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.04.2020 |
|---|---|
| Effective from | 27.04.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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