Are you already accommodated but need to leave the property earlier than originally agreed? This article will tell you how to handle it!
Can I terminate the lease agreement early (after I've moved in)?
The article was updated on 12. 7. 2024.
Early termination of the lease agreement can be requested by either contractual side. Regardless of the reasons for the termination of the lease agreement, the resolution procedure always depends on its type and its conditions.
1. Termination from your or the landlord's side
Standard unilateral termination with a 30-day notice period can be submitted either by you or the landlord without giving any reason. This method is especially useful for longer stays or when you aren't in a hurry to move out.
If you wish to terminate your lease from your side, you can easily do so via the My Housing web app:
- Go to the 'Contracts' section of your profile.
- Click the 'Detail' button next to the lease agreement you want to terminate.
- In the lease agreement details, click on the 'Terminate agreement' button.
- Select the desired date when you want the lease to end. Please note that the system won't allow you to terminate the contract earlier than after 30 days due to the given notice period.
- Click the 'Submit an official termination notice' button. Once you do so, the landlord will be notified of this change.
Since this termination type doesn't require the consent of the other party, it becomes valid as soon as it's submitted.
| Note: The 30-day notice period also means that if you terminate the lease from your side, you must cover the rent for this whole period. On the other hand, if it comes from the landlord's side, they're obligated to let you use the property until the notice period ends. |
2. Termination by mutual agreement
The most common type of early termination of the lease agreement is termination by mutual agreement. In this case, you and the landlord agree on a specific date when the lease will end.
If you reach such an agreement, the landlord will need to submit the termination from their profile. Once they do so, you will see the termination in your My Housing account as an amendment to your lease, and you will need to sign the termination online with an authorization code. The termination becomes valid only after your signature.
| Note: The rental payments are recalculated automatically according to the actual state of your lease. If there's any underpayment, you will be obligated to cover it. However, if you've overpaid, the landlord must refund the appropriate amount directly to you. |
3. Withdrawal based on consumer protection law
A special type of early termination of the lease agreement is withdrawal based on consumer protection law, which is part of civil law and considers the relationship 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 to a purchase agreement when shopping in e-shops.
When does the withdrawal affect me?
The withdrawal from the lease agreement applies if the landlord acts as an entrepreneur, which means that it's likely that they have a rental business and rent rather short-term and for recreational purposes. If the landlord rents from time to time and usually for a longer period, they don't 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 signing the lease agreement without giving any reason. Please note that the lease agreement is signed after the landlord approves the reservation request in the lease signing process - the date of signing the lease agreement doesn't have to be the same as the start date of the lease agreement (in most cases the lease agreement is signed earlier).
How is the refund settled?
- Withdrawal BEFORE the start date of the lease agreement
If you withdraw from the lease agreement within 14 days of signing it before you move in, the entire first rent and service fee will be refunded to you by Flatio. - Withdrawal AFTER the start date of the lease agreement
If you withdraw from the lease agreement after its start date (and therefore after you've moved in), the rent will be refunded proportionally according to the number of days spent in the accommodation. In case the first rent has already been forwarded to the landlord, the refund will be handled by the landlord, otherwise by Flatio.
How to proceed with the withdrawal?
If you want to use the withdrawal option and the landlord is acting as an entrepreneur toward you, please contact our support team that will terminate the lease appropriately.
