Non-payment of rent is the most common ground for a notice of termination. Find out how the three months of arrears are counted, why paying off the debt later does not undo the notice, and what role the good-morals test plays.
The tenant's obligation to pay rent and charges for services connected with the use of the flat, duly and on time, arises from the provisions of the Slovak Civil Code. If the tenant fails to fulfil this obligation, the landlord may terminate the lease by notice under § 711(1)(d) of the Slovak Civil Code.
The statutory condition that the tenant has failed to pay rent or service charges for a period exceeding three months is subject to precise rules:
The timing of the debt's repayment has no effect on the consequences of a served notice of termination. The elements of the ground are satisfied by the mere fact of non-payment during the relevant period. Paying off the debt after the notice has been served merely extinguishes the debt through performance, but does not annul the validity or the effects of the notice given. The landlord does not act contrary to good morals by standing by the notice already given. The exception is where the tenant finds themselves in objective material need and duly fulfils their notification obligation.
If the tenant in the past failed to pay rent for a period longer than three months, but subsequently paid off the debt in full and paid duly and on time over the long term, and the landlord then serves a notice of termination after a significant lapse of time, a court may find such conduct by the landlord to be contrary to good morals under § 3(1) of the Slovak Civil Code.
Given the absence of any legal provision permitting a unilateral increase in rent (where no inflation clause has been agreed in the contract), failure to pay a unilaterally increased amount is not a breach of obligation. Such conduct cannot satisfy the ground for termination.
How can we help you? We will prepare a legally sound notice of termination of the lease for non-payment of rent on your behalf.
