Act No. 360 / 2005 Coll.
Act amending Act No. 116 / 1990 Coll., on the rental and subletting of non-residential premises, as amended
Valid
Law
Effective from 19.10.2005
Text versions:
19.10.2005
19.09.2005
360
THE LAW
of 19 August 2005
amending Act No 116 / 1990 Coll., on the rental and subletting of non-residential premises, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 116 / 1990 Coll., on the rental and sublease of non-residential premises, as amended by Act No. 403 / 1990 Coll., Act No. 529 / 1990 Coll., Act No. 229 / 1991 Coll., Act No. 540 / 1991 Coll., Act No. 302 / 1999 Coll. and Act No. 522 / 2002 Coll., is amended as follows:
1. The heading above Section 1 is deleted.
2. Paragraph 1, including the title and footnote 1, reads as follows:
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.
1) For example, Sections 66, 68, 82 (1), 85 (1) of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended. '
(3) Paragraph 2, including footnote 2, is deleted.
4.
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. '
5. footnote 3 is deleted.
6. Paragraph 5 (1) reads as follows:
"(1) Unless otherwise agreed, the lessor shall be obliged to surrender the non-residential space to the lessee in a state eligible for the agreed purpose of the lease, maintain it by 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 unimpeded rights associated with the lease. ';
7. Paragraph 5 (3) is deleted.
Paragraph 4 shall become paragraph 3.
8. In Article 5, the following paragraph 4 is added:
"(4) If the lessee intends to change the subject of the business in an establishment located in a 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. '
9. Paragraph 6 (1) reads as follows:
"(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. ';
10. In Article 7, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) Unless otherwise agreed, the rent, together with the payment for the performance provided in connection with the use of non-residential space, shall be paid in advance in monthly instalments on the first day of the relevant calendar month. ';
11. Paragraph 9 of the introductory part of paragraph 2 states: "Unless otherwise agreed, the lessor may terminate the fixed-term lease in writing before the end of the agreed period, if";
12. in Article 9, at the end of paragraph 2, the dot is replaced by a semicolon and the following point (j) is added:
"(j) the lessee has changed the subject-matter of the business without the prior consent of the lessor (§ 5 (4))."
13. Paragraph 9 of the introductory part of paragraph 3 states: "Unless otherwise agreed, the lessee may terminate the fixed-term lease in writing before the end of the agreed period if '.
14.
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. ';
15.
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 provisions
1. The provisions of this Act shall also apply to legal relationships arising before the date of its entry into force; However, the existence of such legal relations and the claims arising from them before the date of entry into force of this Act shall be assessed in accordance with existing legislation.
2. According to the current legislation, the termination of the lease is assessed if it has been given notice before the date of entry into force of this law.
3. For apartments for which consent to their use for non-residential purposes has been granted pursuant to Act No. 41 / 1964 Coll., on the management of flats, the termination of lease consent to the use of the apartment for non-residential purposes ceases.
Entitlement to declare the full text of the law
The Prime Minister is hereby authorised to declare in the Collection of Laws the full text of Act No. 116 / 1990 Coll., on the rental and subletting of non-residential premises, as reflected in the laws amending it.
Efficacy
This Act shall take effect on the 30th day following its publication.
Zaoralek v. r.
Klaus v. r.
Paroubek v. r.
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Regulation Information
| Citation | Act No. 360 / 2005 Coll., amending Act No. 116 / 1990 Coll., on the rental and subletting of non-residential premises, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.09.2005 |
|---|---|
| Effective from | 19.10.2005 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Civil law
Civil law substantive
The regulation text is for informational purposes only.
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