• 16/08/2022
• By wizewebsite
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DTEST: How does a common rent of an apartment work - independent tests, more than just reviews<

Who are the common tenants

If more persons agree to use one apartment together and enter into a contract for lease of an apartment together with the landlord, they become its common tenants.An example is a situation where the apartment intends to rent an unmarried couple or together several students.A joint tenant can become a person who, with the consent of the parties (ie the landlord and the tenant or tenants), can become a lease agreement.However, the expansion of the tenants of the tenants of the existing rental relationship is always required by the explicit consent of all participants of the lease agreement.

The rights and obligations of common tenants

All common tenants have the same rights and the same obligations.Thus, common matters in the common rental of an apartment can be provided by each tenants themselves.For example, each of the common tenants is entitled to ensure minor repair in the apartment, pay in the given month and for other whole rent or for others to receive overpayment on services.

In matters that cannot be considered common, a common tenant must act together.This means that one of the tenants without the consent of others cannot conclude an agreement on the termination of the lease or even give the other landlord notice of lease of an apartment.Similarly, the landlord must negotiate with all common tenants in matters that cannot be considered common.This means that, for example.It is true that the rights and obligations of common tenants are common and several.This means, for example.

In the case of a dispute between tenants, a court decides

If they occur between joint tenants of disagreements regarding the essential matters concerning the common lease of an apartment (for example, regarding the proposal of the landlord on the execution of the building modifications or a change in the amount of rent), it may contact any of the joint tenants to decide on such matters to decide on such matters.

Similarly, if there are such serious disagreements between common tenants, which significantly make it difficult or directly impossible to use further common use of the apartment (for example, if one of the common tenants grossly violates good morals and thus interferes with the housing of others), the common tenant may apply to courtto decide to cancel the right of common lease and who will continue to remain the tenant of the apartment.The reason for such an action for the annulment of the right of the common lease may be, for example, the breakup of two unmarried partners as the current common tenants who do not want to live together in one apartment.

Common rental of apartment to spouse

The new Civil Code separately regulates the establishment, duration and termination of the right of the common lease of the apartment with spouses.The joint rent of the apartment is caused by either the conclusion of the lease by both spouses or by law.The right of a common lease of an apartment arises from the law if one of the spouses already has the right to lease for an apartment or house where the spouses intend to live together.Likewise.Against the right to the spouse's apartment, the landlord's consent.

The spouses in the common rent have both the same rights and obligations.However, by mutual agreement, they can completely exclude the formation of a common rent to an apartment or house.

One of the peculiarities of the common lease of a flat is the possibility of affected spouse to claim temporary restriction or complete exclusion of the other spouse from using the apartment due to domestic violence.Possibility to reduce or exclude the right of the other spouse to use the housing apartment together or the house is limited to a maximum of 6 months.This right also has any other person living together with spouses in a common household, such as the child of such spouses.

Negotiations on the lease only with the consent of the other spouse

When using a rental apartment or house where a family household of spouses as common tenants is located, each of the spouses must refrain from everything and prevent everything that housing in such an apartment or house would make it impossible or threatened.One of the spouses, in particular, must not terminate the rent without the written consent of the other spouse or to limit it by activity incompatible with the housing of the spouse.If one of the spouses does so, the other spouse has the right to call for an invalidity of such action.

The extinction of a common lease of an apartment of spouses

A joint rent of a flat to spouse may disappear by divorce of marriage or death of one of the spouses.In the event of the death of one of the spouses, the tenant of the apartment remains a surviving spouse.In the case of the divorce of spouses as joint tenants, if there was no agreement between them, the court may decide to annul the lease of one of them and to provide compensation for the loss of the right to lease.

For dTest worked Mgr.Petr Balabán, attorney