Termination Of Lease Agreement Due To Nonpayment

The decisive period is different in the two laws. For the rental of accommodation, the relevant period shall be between 12 March 2020 and the day after the end of the current emergency measures and no later than 31 July 2020. The lease of commercial space applies from 12 March 2020 to 30 June 2020, regardless of the end of the current emergency measures. The protection period during which landlords cannot terminate a rental agreement for non-payment of rent during the relevant period lasts until the end of that year, for both housing and commercial leases. However, there is no restriction for lenders who terminate, before or after the relevant deadline, defaults or other defaults. Both laws allow the landlord to terminate the lease if the tenant declares at any time that he will not pay the outstanding debt during the protection period. With regard to housing, the lessor can immediately terminate the rental agreement, even if the tenant does not explain anything about the payment, but the future non-payment of the deferred rent by the tenant becomes “otherwise indisputable”. This option is missing when renting commercial space. However, these termination restrictions only apply under certain conditions. On 22 April 2020, the Chamber of Deputies of the Czech Republic rejected the amendments proposed by the Senate and adopted two laws, a law regulating housing rental contracts and a law regulating commercial leases, as originally adopted two weeks earlier by the Chamber of Deputies. The laws will come into force within a few days after the president is signed and published in the collection of laws. Only if the non-payment of rent is due to the COVID-19 pandemic is the landlord`s right of termination excluded (art.

240 para. 2 para. 1, first sentence). On the other hand, the landlord`s right of termination is maintained if the non-payment of rent is due to other reasons, such as for example. B reluctance to pay. If the tenant remains in the rental unit after receiving a termination, the landlord can bring an eviction action. In the case of the rental of land or premises, the right of the lessor to terminate the lease is limited. This applies to both residential and commercial leases. These provisions will be extended to leases. Rent termination includes an analysis of your contract, local laws, and details of your circumstances. The best way to answer any questions you have about terminating a lease or lease is to speak to a local landlord-tenant lawyer who can help you clarify your rights and guide you through the process.

It follows from the above-mentioned provision and the general wording of the law that the deferred rent is payable with all the rights and charges relating thereto. The lessor therefore has the right to take other measures provided for in the rental agreement or in the respective legal provisions, such as. B the imposition of contractual penalties, default interest, the offsetting of deferred rent with the guarantee provided by the tenant or even an action for the execution of the rent and its additional payments. This is confirmed by the explanatory memorandum of the Law on the Rental of Commercial Spaces, which expressly mentions the obligation for the tenant to pay interest and contractual penalties. On the other hand, the explanatory memorandum to the Residential Tenancy Act (which is not legally binding, but only gives guidelines for the interpretation of the law) creates uncertainty by referring to the “extension of the duration of claims due during pandemic emergency measures until the end of the protection period”, although such a principle is not implicit in the law itself. . . .

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