Can I banned this as a landlord…?
We often meet the illegal arrangement in the lease contracts, which can cause serious problem to the landlord and also to the tenant. The most common problem is the ban of keeping pets. Please do not be worry or confused the law has a clear rules when it comes to the right of tenants.
What can be banned and how to do it?
The pollution of the apartment with cigarettes smoke or damages caused by pets are te nightmares of almost every landlord. How can you solve this situation? We will look what does the law says and how can you protect you property.
The tenant has a rigth to keep pets in the apartment unless it causes undue hardship to other inhabitants of the house according to czech civil law. This can not be changed by the provisions in the lease contact that is why the ban of keeping pet in the lease contract is invalid and legaly unenforceable if you do it for no serious reason. Landlords can ban the breeding pets only in situations when it is adequately and justifiable. Landrod´s right is to require the duty of announse the breeding of a pet. The exact form f the civil law sounds:
„Civil code (§ 2258) stipulates that the tenant has the right to keep animals in the apartment, as long as their keeping does not cause unreasonable difficulties for the landlord or other residents of the house. However, if keeping an animal increases the costs of maintaining the common parts of the house, the tenant must replace them with the landlord. (Zákon č. 89/2012 Sb., občanský zákoník, 2012)
If you as a landlord prefers non-smokers, you can ban smoking in the apartment, this is not regulate by law. Also usually there is a ban of smoking in the common area of the building because of the fire restrictions, the tenant also has to follow the House rules which can ban it too. The next thing is neighbourhood law which limits some activities in the apartment which can possibly annoy or threaten other inhabitants of the building, the tenant always has to respect others.
Another illegal arrangement is e.g. ban of visits in the apartment or an obligation to announce the visits. The landlord may be interested in limiting the number of visitors to the apartment, but such a restriction should be reasonable and not limit the tenant's right to privacy and social life.
Quite common misunderstading i salso a ban of regitration of permanent residence. According to the law the tenant doesn ´t need the agreement of a landlord the lease contract is sufucient. But be aware if you live in sublet the agreement of a landlord is necessary.
If you want to protect you property and but do not brake the law i tis important to know laws, house rules and thoroughly write the lease contract.
Landlors has a right to set some rules for using their property but in the bariers of law. If you are incertain i tis always good to consult these thigns with the lawyers or real estate agents.
