It is time to Focus.
Read the contract carefully. Important things before you sign. The Hand over protocol.What to check in the apartment, avoiding future problems that can occur in a week or less, what to put to the contract so that you can be covered in a way… Beware, tips, Landlords bad habits, what to check, between the lines, templates of “normal” contracts. Asking the right questions, sign and cross your fingers or prey… more…
1. What is a rental agreement, what is all about?
»Basic things about contracts
It is important to carefully read and fully understand the terms of your lease or rental agreement before the time to sign.
That piece of paper named contract forms the legal basis for the landlord-tenant relationship. A contract is a written promise under the Law that the other party will fulfill its obligations.
It is the key document of the tenancy.
The contract must absolutely have issues like:
- The length of the tenancy
- The amount of rent and deposits the tenant must pay.
- The number of people who can leave on the rental property.
- Who pays for utilities.
- Whether the tenant may have pets.
- Whether the tenant may sublet the property.
- The landlord’s access to the rental property.
- Who pays attorney fees if there is a lawsuit.
Leases and rental agreements should always be in writing, in Czech Republic it is heard about some oral agreements that are easy and informal but… believe me oral agreements often lead to disputes and always someone can come in the middle of the night and kick you out of the house…
Take a look at that sample contracts we gathered in PDF form. It is not for you to follow but only to see and understand the structure and what to expect...
A. Never make an oral agreement, or agree to something orally, and not put it inside the document.
The contract must also be translated to English or the language of your country. It is very important. Also must be defined which version prevails if there is a dispute and where, in which place the Court will take place if there is a problem.
Usually is the Czech version and Czech court.
B. The contract and the hand over protocol must be in three copies, one for the tenant, one for the landlord and one for the real estate agent.
In every last minute change, for example you find that in the hand over protocol is a blue ashtray that you can’t find it in the flat or there is an item that isn’t in the hand over protocol, you must always write down the changes/differences in every copy and the landlord and real estate agent must quick sign the difference/change in everyone’s copy.
When you erase something from a contract you do the same in every copy and all the participants’ quick sign in all copies…
› Make sure who the landlord is. Who owns the property and if the man that appears in front of you is really the landlord. Don’t give money before this happens. If another person appears he must have document that he is authorized to do that of behalf of the owner/s.
› Never sign a contract same day. That means that you see suddenly a good flat and you feel tired and out of energy and a man comes with a contract and says to you: “Ok you must sign this, that, and you must give me now two deposits , first utilities and first rent of the month. Find a good excuse, take the contract, study it and tomorrow or better the day after tomorrows arrange an appointment…
› It is not smart to reach the Court. You may win the battle but after 2 or 3 years and with many difficulties. Try to solve the problems by talking to people first. Negotiate.
2. The deposit.
» The deposit theme
A major fear for tenants and a good tenant behavioral tool for landlords is the deposit.
The purpose of the security deposit is to have an amount of money in the case of a bad tenant behavior, unpaid rents or for last bills that will come to the hand of the landlord after the tenancy. Landlords usually set an amount of time in which to return deposits, usually 14 to 30 days after the tenant moves out—either voluntarily or by eviction. Landlords may normally make certain deductions from a tenant’s security deposit, provided they do it correctly and for an allowable reason.
Czech state requires landlords to provide a written itemized accounting of deductions for unpaid rent and for repairs for damages that go beyond normal wear and tear, together with payment for any deposit balance.
A tenant may sue a landlord who fails to return his or her deposit when and how required, or who violates other provisions of security deposit laws such as interest requirements. Often these lawsuits are brought in small claims Court. If the landlord has intentionally and flagrantly violated the ordinance, a tenant may recover the entire deposit sometimes even two or three times this amount—plus attorney fees and other damages
Czech state allow landlords to collect a security deposit when the tenant moves in .
The general purpose is to assure that the tenant pays rent when due and keeps the rental unit in good condition. Usually the deposit is not more than a month or two worth of rent—the exact amount depends on if the flat is small or big, furnished or unfurnished e.g.
So not accept more than two month deposit and one month is fair if the apartment is unfurnished and small.
3. How can you avoid future problems?
» Future problems
In some apartments you may be fooled in a way with some things you can’t predict when you see the flat.
Imagine that you are going to a flat, everything is fine, the rooms are well painted, has a great kitchen and a big bath with a Jacuzzi.
You like it a lot you rented and you can’t wait to go inside this Jacuzzi and relax…
You open the boiler and….you wait …you wait … 2 or three hours, half day and the water isn’t still ready…
This is a true story. Great house but electrical boiler and heating with a very old system that permits you to have a bath every 1, 5 day and if there are 2 person in the house imagine…bath once a week…
In the winter is a major problem and with the heating and with the hot water.
4. The hand over protocol.
» The Hand over protocol
This is a piece of paper, some people call it inventory.
That contains all the items, usually in a furnished apartment, that, I will say it simple, don’t belong to you and that you must take care of them.
Those items might be a refrigerator, microwave oven, spoons, glasses, carpets, and desks …e.g.
It is very important to check everything in the hand over protocol. Check every detail. For example the Hand over protocol says that in the loft is a small ashtray made from crystal and has blue designs incurved. Go and find it first to see if it really exists and how much it costs if it breaks.
If in the End of the tenancy in the hand over procedure of the flat there is no ashtray the landlord will ask you money for it and of course will keep it from the deposit. So in the hand over protocol ask for how much some items cost. And put the price in the paper and if you see that the price is too big say to the landlord to remove them from the flat.
If you see many antiques and unique items I strongly recommend being extra careful and cautious.
A. Always take a sample contract before signing. Two or three days before so you can study it or better show it to a lawyer. This way you can suggest some changes and have the time to make them happen.
There are no typical contracts and not all the contracts are the same, usually the contracts that a landlord will bring protects his side of the bargain. It is natural, so take care not to accept every piece of paper fast and not be persuaded that all the contracts are the same and no changes can be made…
B. Check and test everything in the apartment that works as you want it to work. Put in the contract that if you are not satisfied with the facilities and are not as they being told, for example I was told that the boiler can provide hot water in and every half an hour or less and the oven is capable of making a proper food or something else and that the land lord is obliged in case of a problem to fix them or replace them in 48 hours or less and if not you can take all the money back and leave the property immediately without a problem. That’s for the first 3-4 days of course.