Can a tenant stop paying rent because of defects in the flat? See the conditions for claiming a rent reduction, the procedure for setting off claims, and the rules on subletting a flat.
Where a flat has defects or the landlord fails to provide the services connected with its use, tenants often respond by unilaterally stopping or reducing their rent payments. In doing so, however, they expose themselves to the risk of a valid notice of termination.
The tenant's duty to pay rent and the landlord's duty to hand over and maintain the flat in a condition fit for proper use (§ 687(1) of the Slovak Civil Code) are not mutually conditional obligations under § 560 of the Slovak Civil Code. They are separate, individual obligations. The tenant is therefore not entitled to stop paying rent at will, nor to reduce it unilaterally on the ground that the flat has defects. If they do so, the landlord is entitled to give them notice of termination under § 711(1)(d) of the Slovak Civil Code.
Where the flat has defects, the tenant must proceed as follows:
Guide
A guide to ending a residential lease
Under § 719(1) of the Slovak Civil Code, subletting the flat or part of it requires the landlord's written consent (general or specific). Breach of this duty constitutes a ground for notice of termination.
Key principles apply to this provision:
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We will advise you on claiming a rent reduction correctly, preparing set-off agreements and dealing with an unauthorised sublease.
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