The tenant and lessor sign a written lease agreement. The agreement should specify at least the following:
- the condition of the apartment and an annex, documented with pictures, possibly drawn up on the basis of an inspection, specifying the defects and breakages in the apartment
- the term of tenancy: a fixed-term lease agreement or a lease agreement with a non-fixed term
- the amount of rent to be paid
- other applicable charges such as water fees
- date and mode of rent payment
- adjusting the rent and the grounds for increasing the rent
- security deposit, if applicable
A lease agreement may be either a fixed-term lease agreement or a lease agreement with a non-fixed term. A lease agreement with a non-fixed term remains valid until it is terminated. Either the tenant or the lessor may give notice of termination of a lease agreement with a non-fixed term:
- When the lessor gives notice on a lease agreement the notice period is six months, if the lease has lasted without interruption for at least one year prior to the giving of notice. With leases that have lasted less than one year, the notice period is three months.
- When the tenant gives notice, the notice period is always one month. Unless otherwise agreed, the notice period is counted from the end of the month in which notice is given.
A fixed-term lease agreement is binding on both the lessor and the tenant for the agreed period of time. A fixed term lease agreement should not be terminated unless there is strong justification for doing so. If a tenant terminates a fixed-term lease agreement prior to its expiration, he generally has to pay compensation for damages to the lessor. The maximum amount of compensation is set at the total amount of rent for the months remaining in the term of the lease.
A lease agreement may, in some cases, be terminated with immediate effect if there are particularly weighty reasons for doing so.
- The tenant has the right to terminate the lease agreement with immediate effect if tenancy poses a threat to the tenants' health.
- The lessor may terminate the agreement if the tenant's payments are in arrears, if the apartment has been used for a purpose other than that stipulated in the agreement, if the tenant has caused disturbance to neighbours, etc.