In an era where disputes between landlords and their tenants are increasingly common, there are certain things that a landlord simply cannot restrict. Whether it’s about keeping pets or registering a permanent residence, the law is clear. No matter what the rental agreement might say, a landlord cannot prevent either.
According to Eduarda Hekšová, director of the consumer organization dTest, a typical illegal clause in a contract is the prohibition of keeping a pet in the apartment. The Civil Code expressly allows the tenant to keep an animal in the apartment, provided that it does not cause disproportionate inconvenience in the house.
Should the keeping of an animal lead to increased maintenance costs for the common parts of the house, the tenant is obligated to compensate these costs to the landlord, according to the Civil Code.
Similarly, a landlord cannot prohibit a tenant from having visitors or even impose the obligation to report visits. So, if a friend or relative is visiting for a while, they can be there without any worries.
Disputes over permanent residence are also quite common. Generally, it is stated that it is not a visit if it lasts longer than two months, which is derived from the Civil Code. According to it, a tenant is obliged to report an increase in the number of people in the apartment to the landlord within two months at most.
Landlords then have the option to reserve consent in the contract if someone wants to move in. However, this does not apply if it is a close person. So, if it’s a spouse, parent, or child, the landlord’s consent is not needed.
Another frequent prohibition that appears, although it is not possible, is the prohibition of registering a permanent residence in the rented apartment. If a tenant wants to register a permanent residence, they do not even need the landlord’s consent, only the lease agreement is required.