Spelca Meznar ISSBS Tenant a weaker or a

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Spelca Meznar, ISSBS Tenant – a weaker or a stronger party in market rentals

Spelca Meznar, ISSBS Tenant – a weaker or a stronger party in market rentals (Slo, Cro, Ser)?

Starting position after Ex-YU dissolution 1990 s: shift of responsibility for housing issues from

Starting position after Ex-YU dissolution 1990 s: shift of responsibility for housing issues from the State to local authorities and individuals Privatization, denationalization HIGH RATE OF HOMEOWNERSHIP, limited rental “culture”

Private rentals Theory: Tenant – weaker party, Landlord – stronger party Specifics in Slo/Cro/Ser:

Private rentals Theory: Tenant – weaker party, Landlord – stronger party Specifics in Slo/Cro/Ser: ◦ Most landlords & tenants are private persons ◦ Most landlords rent only one dwelling Result: The starting position is not always imbalanced Aim of tenancy regulation: BALANCE

Aspects of balance Conclusion of the contract (form, deposit, quality of the apartment) Contract

Aspects of balance Conclusion of the contract (form, deposit, quality of the apartment) Contract period (limited in time, openended, taxes, costs, repairs, improvements, rent regulation) End of contract (termination reasons, procedure, eviction) Other (interest groups, lobby groups, associations, legislation, court system)

Termination - tenant �always possible in Slo/Cro/Ser, • different termination periods (90 days Slo,

Termination - tenant �always possible in Slo/Cro/Ser, • different termination periods (90 days Slo, 3 months Cro, 8 -days Ser) � Applicable to limited-in-time contracts? Cro: NO, Slo: unclear, Ser: probably not �no reason needed ◦ Cro: different regimes based on the reasons (3 months OE and liability based reasons, immediately if danger) �(Mutual terminations possible without restrictions)

Termination – landlord Extraordinary (liability based reasons) Reasons, notice (warning) and deadline (90 days,

Termination – landlord Extraordinary (liability based reasons) Reasons, notice (warning) and deadline (90 days, 3 months) tenant needs to be actually aware of the notice ◦ Unclear in Slo: written notice or court claim? “cancellation” in Cro: only 15 days period for major breaches by the tenant

Ordinary termination (other reasons) Landlord’s own needs, family members, renovations: ◦ Slo: only if

Ordinary termination (other reasons) Landlord’s own needs, family members, renovations: ◦ Slo: only if the tenant is provided a new apartment – “an adequate dwelling” by the landlord 90 days notice period ◦ Cro: 6 months period, no extra conditions ◦ Ser: no reasons needed for OE contracts

Social role No termination at improper time in Slo &Ser Serbia: for non profit

Social role No termination at improper time in Slo &Ser Serbia: for non profit rentals termination during winter time (December to February) additional 30 days for moving out

Use of the dwelling upon the expiry of a limited in time contract unlawful

Use of the dwelling upon the expiry of a limited in time contract unlawful use, even if landlord’s tacit consent (Slo) – eviction possible automatic prolongation for the same period (Cro) Automatic prolongation for unlimited time (open ended) in Ser

Disputes In case of a dispute on termination reasons between the parties, the landlord

Disputes In case of a dispute on termination reasons between the parties, the landlord has to file a claim to terminate the contract (Slo) Priority in all 3 countries ◦ Slo, Cro: general courts ◦ Ser: municipal authority No specific ADR

evictions Slo: only upon prior termination; landlords are not familiar Not general social defenses

evictions Slo: only upon prior termination; landlords are not familiar Not general social defenses – exc Cro

Conclusion? No general conclusion, country based Slo: “balance by imbalance” Cro: most balanced Ser:

Conclusion? No general conclusion, country based Slo: “balance by imbalance” Cro: most balanced Ser: difficult to assess, no legislation or case law; private rentals are not regulated