Invalid clauses of the lease agreement

Publication / 23.02.2018

In a three-judge resolution of January 11, 2018, ref: III CZP 93/17, the Supreme Court determined that a contractual provision allowing the landlord to take back the object of the lease (premises) from the tenant until the payment of arrears with the obligation to pay full rent is contrary to the nature of the lease relationship. According to the Court, this type of contractual stipulation should be considered invalid under Article 3531 of the Civil Code in conjunction with Article 58 of the Civil Code.

The above indicates that the landlord cannot, in such a case, “withhold” his performance, i.e. give the premises for use to the tenant for the duration of the lease relationship. Securing the legal interest of the landlord can be achieved through the use of other institutions provided by the provisions of the Civil Code. – e.g., the possibility of termination of the lease relationship or use of the so-called statutory lien on the tenant’s movables brought to the premises.