Lease Agreement — complete guide for landlords and tenants

A lease agreement is a contract by which the landlord grants the tenant temporary use of property in exchange for rent. The subject of the lease can be an apartment, house, commercial space (office, warehouse, shop), equipment or vehicle. The lease agreement is one of the most frequently concluded contracts in Slovakia and also one with the highest number of disputes.

The rental relationship is asymmetric in terms of legal protection: the law traditionally protects primarily the tenant (especially in residential leases), which places increased demands on the drafting of the contract by the landlord. Incorrect or missing clauses can prevent a landlord from evicting a tenant even after the lease ends.

Lease agreements in Slovakia are governed by § 663–721 of the Civil Code (Act No. 40/1964 Coll.). Even stricter rules for residential leases apply under § 685–716 CC, which guarantee the residential tenant strong protection — including statutory grounds for notice and the right to alternative accommodation.

For commercial leases (non-residential premises), Act No. 116/1990 Coll. on the lease of non-residential premises applies, giving the parties greater freedom in agreeing terms.

Key Civil Code provisions:

• § 663 — basic definition of the lease agreement
• § 676 — landlord's obligations (handover of property in suitable condition)
• § 679–680 — tenant's right to withdraw and rent reduction
• § 685(1) — definition and protection of residential tenancy
• § 710 — statutory grounds for landlord's notice

Electronic signing of lease agreements is fully valid under eIDAS. For residential leases, AdES with OTP identity verification is recommended.

1. Residential tenancy — The most strictly regulated type. The landlord may serve notice only on statutory grounds (§ 711 CC). The tenant has the right to alternative accommodation in some cases. Written form is required.

2. Non-residential premises lease — Regulated by Act No. 116/1990 Coll. The parties have greater contractual freedom. Typical for offices, warehouses, retail spaces. Notice is possible on contractually agreed grounds.

3. Short-term residential lease — Regulated by Act No. 98/2014 Coll. Maximum 6 years, without the statutory tenant protection of a long-term lease. Popular for Airbnb and short-term rentals.

4. Sub-lease — A tenant (with the prior consent of the landlord) sub-lets to a third party. The sub-lease may not be concluded for a longer period than the original lease.

A lease agreement must contain mandatory elements — otherwise it may be invalid or unenforceable:

The process for creating a lease agreement:

1. Identify the type of lease — Residential, commercial or short-term? Each type has a different legal regime and different mandatory clauses.
2. Document the condition of the property — Before signing, prepare a detailed handover record with photographs and meter readings. Both parties should sign it together with the contract.
3. Define the financial terms — Rent, deposit, utility payments, annual rent indexation. Set the due date and late-payment penalty.
4. Address termination conditions — Statutory notice grounds, periods, deposit refund conditions, liability for damages.
5. Sign the agreement electronically — Use zipzipdoc with an audit trail. Both parties sign from any device — the tenant does not even need an account.

Both landlords and tenants make these mistakes with lease agreements:

• Indefinite lease without notice grounds — The landlord may have serious difficulty evicting the tenant. Solution: a fixed-term lease with an option to extend, or notice grounds precisely as per § 711 CC.
• Missing handover record — Without documentation of the property's condition on handover, it is difficult to prove who caused damages. Solution: a record with photographs, signed by both parties.
• Undefined repair responsibilities — The law distinguishes routine repairs (tenant) and major repairs (landlord), but the contract can modify this. Solution: a specific list of responsibilities.
• Non-written residential lease — A residential lease must be in writing (§ 686 CC). An oral agreement is invalid. Solution: always use written form — electronic signing is fully sufficient.
• Missing rent indexation — Without agreed annual indexation, rent remains fixed even with inflation. Solution: indexation tied to the consumer price index (CPI).