Factual specification of a notice of termination of a residential lease: How to formulate the grounds correctly and avoid invalidity

A notice of termination of a residential lease given by the landlord is a strictly formalised act of substantive law. Since the tenant is regarded under Slovak law as the weaker contracting party, courts insist on strict compliance with both the material and the formal requirements when assessing the validity of a notice. Any careless drafting may lead the court to declare the notice invalid for indeterminacy under § 37(1) of the Slovak Civil Code.

Proper identification of the property

The first precondition for the validity of a notice is the precise identification of the contracting parties and of the flat itself, so that it cannot be confused with another. In practice, the identification of the property draws primarily on the requirements of the Slovak Cadastral Act. Frequent disputes arise in practice from confusing the terms "floor" and "storey" (e.g. the 4th floor may in fact be the 5th above-ground storey). Although Slovak district courts sometimes lean towards excessive formalism, our view – supported by decisions of the Constitutional Court of the Slovak Republic and the rules on interpreting the parties' intent under § 35(2) of the Slovak Civil Code – is that a minor error in designating the floor is immaterial, provided it is clear to both parties from the circumstances which flat is meant.

The requirement of precise factual specification of the ground

Under § 711(2) of the Slovak Civil Code, the ground for termination must be factually specified in the notice so that it cannot be confused with another ground, and it cannot subsequently be changed or supplemented. A mere reference to a statutory section is therefore not enough; the landlord must also describe the specific factual circumstances.

The requirements for specificity vary according to the ground for termination relied on (§ 711(1) of the Slovak Civil Code):

• The landlord's or their relatives' need for the flat [point (a)]: The specific person for whose benefit the flat is claimed must be precisely identified, so that the tenant can defend themselves adequately.
• Gross breaches of good morals or of the peace [point (c)]: It is necessary to describe precisely the specific conduct of the tenant that disturbs the other tenants or owners beyond a level reasonable in the circumstances, in particular by some form of nuisance, e.g. odour, insects, noise, vibrations, the keeping of animals, disturbing the night-time quiet, insulting other tenants while intoxicated, or other behaviour.