According to Article 659(1) Civil code by lease agreement landlord commits to donate tenant the item to be used, and tenant He's willing to pay landlord The rent's set. The minimum content of the lease is therefore to determine the rent and rent. However, ensuring adequate protection of both parties' rights requires other provisions to be included in the agreement.
Remember in writing
After first it should be remembered that it is worth to conclude a lease in writing, even though the provisions do not in principle impose such an obligation.
tenant is obliged to pay landlord agreed rent in cash, account or other kind of benefits. The parties may fix the payment freely: per month, per year or even once (in full for the entire rental period).
landlord they must remember, however, that what is different is rental rent and what is different is media charges or administrative charges. If these costs are to be borne by tenant, This should be clearly indicated in the contract. The time limit for payment of fees (e.g. ‘to 10. the day of each month).
Advantages landlords will also indicate that by the date of payment of the rent, the parties recognise the date on which the funds are entered in the account landlord (not, for example, the day of debiting the account tenant).
Specify interest for late payment
In case of late payment of rent landlord interest on late payment. If the contract does not specify the amount of interest, landlord they will be entitled to statutory interest for the delay currently incurred 7% A year. Therefore, the rental agreement should indicate that landlord is entitled to maximum interest for delay as it is currently 14% A year.
Enter a valuation clause
In the interests of landlord there is also the introduction of a valuation clause into the contract. This is particularly relevant for multiannual fixed-term contracts. A properly constructed valuation clause entitles landlord to regularly raise rent by a certain amount. This clause provides a safeguard against the fall in the value of money or the increase in the cost of living.
Prepare receiving protocol
Come on. tenant it is legally obliged to maintain the premises in the appropriate technical condition, this agreement may specify these activities and impose additional obligations on it. Unfortunately, sometimes the dwelling is damaged during the lease.
Part of the damage may constitute so-called ‘normal use of the premises’, but some may be due to fault tenant. If the deterioration is due to guilt tenant, This landlord has the right to claim compensation for damage to that effect. However, it is important that this landlord He must prove the damage.
In the interests of landlord is therefore preparing a detailed transfer and reception protocol for the premises. The minutes can be accompanied by photographs documenting the status of the premises. With this detailed protocol, the parties can avoid unnecessary and long-term disputes about the resulting damage.
Set bail
The risk of timely payment of rent and other charges, as well as the risk of damage to the apartment causes landlord often secure their interests by establishing bail. This solution should be assessed as beneficial to landlords, but subject to a precise definition of which scope of interest landlord secure the bail.
Of course, the above information is only a brief presentation of the most important issues related to the rental of the premises. When preparing a lease agreement, it is always necessary to identify in detail the individual interests of the parties which will vary according to the circumstances.