If your landlord has served you with a notice of termination of the lease of a flat and you disagree with it, the law gives you a precisely defined but short window to defend yourself. We explain how an action for a declaration that the notice is invalid works, what the time limits are, and on what grounds it can be brought.
One of the older amendments to the Slovak Civil Code abolished the landlord's obligation to ask the court for "leave" to terminate a residential lease. Instead, the law places the initiative in the tenant's hands — if the tenant disagrees with the notice of termination, they must themselves bring an action for a declaration of its invalidity. This change relieved the courts, but at the same time shifted the responsibility (and the risk) onto the tenant.
In proceedings for a declaration that the notice is invalid, the court assesses in particular:
For certain grounds of termination, the law requires the landlord to attach to the notice a document proving that it is justified — otherwise the notice is invalid. This concerns in particular a document evidencing the end of an employment relationship (an agreement, a notice of termination, an employment contract), a building or expropriation decision, a decision of the public health authority, a document evidencing the end of the exercise of a public office, or a medical opinion.
The period for bringing the action starts running on the day the notice is served, and the action must be delivered to the court within that period — merely posting it is not enough. If the tenant misses the deadline, their right to challenge the validity of the notice lapses definitively, including in any later proceedings for eviction from the flat — the court will no longer examine the validity of the notice there.
The court fee for filing the action is 140 EUR. If the tenant brings the action in time, the notice takes effect only upon the court's final decision dismissing the action, if it does so — until then the lease continues.
Under § 711(6) of the Slovak Civil Code, the invalidity of the notice is framed similarly to the relative invalidity of a legal act, but in reality it is a hybrid instrument — it sits on the borderline between absolute and relative invalidity. The key difference from classic relative invalidity lies in the time limit:
In practice this difference has a fundamental impact — with limitation, the right can still be litigated (the other party merely has to plead it), whereas with preclusion the court takes the missed deadline into account of its own motion and dismisses the action without more.
If a landlord wants to serve the tenant with a valid notice of termination, they must strictly comply with all statutory requirements. Any misstep exposes the notice to the risk of invalidity and potential litigation.
Whether you are a landlord who needs to prepare a legally sound notice of termination and avoid protracted litigation, or a tenant who has been served with an invalid notice and needs to defend themselves in court in time, our law firm will provide you with complete legal representation. We will assess the validity of lease agreements and termination notices, prepare the necessary action or supporting documents, and protect your rights. More detailed information about our services in real estate and lease law can be found directly on our website.
If you are interested in our legal services, do not hesitate to contact us at info@akvlkova.sk, tel. +421 949 203 288.
