Can I terminate the contract early (after I move in)?
Premature termination of the contract may occur for both parties for different reasons and circumstances (listed in the lease agreement or in the law), mostly for personal reasons or for violations of rights and obligations of either you or the landlord.
Whatever the reasons for terminating the agreements, the resolution process always depends on the type and conditions of termination required.
With 30 days' notice without giving any reason
The contract can be terminated unilaterally by giving notice without giving a reason with a standard 30-day notice. It is therefore appropriate to use this method especially for longer stays or if you are not in a hurry to move out. This type of dismissal does not require the landlord's consent and can be easily self-helped from My Housing web app as follows:
- Log in to My Housing and click on the Contracts section.
- Contracts section, press the Detail button next to the lease agreement you want to terminate.
- In the contract detail, click the Terminate contract button.
- In the next step, select the desired date on which you wish to terminate the contract (however, the system will not allow you to terminate the contract sooner than after 30 days).
- By pressing the Terminate contract button, the landlord will be notified by a system e-mail of the termination notice you have made.
In the same way, including the same conditions, the landlord can also terminate the contract (it may happen that you are given notice of termination and you have 30 days to move out of your home).
- To the agreed date
However, the most common type of earlier termination of the contract is termination by an agreement, when you agree with the landlord on the date on which you wish to move out or on a common compromise. The landlord will terminate the contract from his Flatio application as of this date in the form of an amendment to the agreement, the resulting amendment will then need to be signed online with an authorization code, just as in the case of signing the lease agreement. As soon as the amendment has been signed, the system updates the rents in the My Housing application. You only pay for the number of days actually spent in the housing.
In the event of termination of the lease during the period of housing, the service fee becomes non-refundable and forfeits to Flatio.
Withdrawal from the contract
A special type of premature termination of a contract is also the withdrawal from a contract based on consumer protection law, which is an integral part of civil law and which takes into account relations between entrepreneurs (traders) and consumers (customers).
In the Czech Republic, this issue is regulated by the so-called NOZ (Act No. 89/2012 Coll., The new Civil Code, as amended). Since the lease agreement between you and the landlord is concluded online remotely (so-called distance way), the same conditions apply as for a purchase contract when shopping in e-shops.
When does withdrawal affect me?
Withdrawal from the contract applies in the event that the landlord acts as an entrepreneur, ie. that it is likely to have a business to lease and rent rather short-term and for recreational purposes. If the landlord rents once in a while and rather for a longer period of time, he does not have the status of an entrepreneur and you cannot claim a withdrawal from the lease within 14 days.
However, if you meet the entrepreneur/consumer relationship, you have the right to withdraw within 14 days of the date of signing the lease without giving any reason. Please note that the contract is signed after the landlord has approved the reservation request within the contractual process - the contract signing date may not be the same as the lease contract start date (in most cases the contract is signed at least a few days earlier).
- Withdrawal BEFORE the start of the Lease Agreement
If your withdrawal occurs within 14 days of signing the contract before you move in, the entire first rental and service fee will be refunded.
- Withdrawal AFTER the start of the Lease Agreement
However, if the withdrawal from your side occurs after the beginning of the lease agreement (and therefore after your move in), the rent will be returned proportionally according to the number of days spent in the apartment - if the first rent has already been forwarded to the landlord, this compensation is provided by the landlord, otherwise by Flatio.
How to do it?
If you want to use the withdrawal option and the owner acts as an entrepreneur to you, you need to contact our customer support to help you systematically resolve the withdrawal. You can contact them by e-mail [email protected].