ORDERED SELL OF THE APARTMENT CAUSED BY THE TENANT

#27Ordered sell of the apartment caused by the tenant

Housing is associated with many rights and obligations of owners of apartments and non-residential premises, legislation is contained mainly in the Act No. 182/1993 Coll. on the ownership of flats and non-residential premises (hereinafter the “Act”) and in the Act No. 40/1964 Coll. Civil Code, which in Section 123 generally states: "Within the limits of law, the owner shall be entitled to hold the subject of his ownership, use it, consume it proceeds and dispose of it."

However, each owner must, when exercising his rights related to the ownership of the apartment, take into account the other owners and not jeopardize their rights. However, after an unsuccessful agreement to refrain from harassing a neighbor, the only way to defend oneself is to resolve it in legal proceedings. One such solution is a court order to sell an apartment.

Provision of Section 11 par. 5 of the Act, which allows such possibility. Its purpose was to ensure respect for the rights and obligations of the owners and to serve as a prevention against unacceptable behavior of the owner. Such a petition for a court order for the sale of an apartment can be filed by the owner himself and the consent of the majority of the owners is not required, as is the case with most acts.

In the decision of the District Court Prievidza, Docket No 7C 42/2005, the court dealt with a tenant who grossly violated good manners in the house, the court decided and ordered the sale of the owner's apartment. He justified his decision by saying that the owner's action pursuant to provision of Section 11 par. 5 is also a proceeding under provision of Section 11 par. 1 of the Act, and thus, the owner of the apartment, is responsible for the actions of the tenant.

For an owner, who is also a landlord, should be crucial to consider the person her or she us renting the apartment to, because he might be sanctioned for the tenant’s negative actions.