Replacement premises: what it is and what if you lose it?
What replacement premises are for
It is part of the landlord's security: if the tenant does not move out when the agreement ends, the landlord may carry out enforcement on the basis of the notarial deed, and the tenant has somewhere to live. That is why the Act requires naming such premises and the owner's consent (art. 19a para. 2 points 2 and 3).
Who gives the consent
The consent is given by the owner of the premises or a person with a legal title to the premises. The consent covers the tenant living there and the people living with him or her. The signature on the declaration must be notarially certified if the landlord requires it. In our service the premises are rented by the company from its owner and the company gives the consent; in the document we state the basis of title and the land and mortgage register number.
What if you lose the ability to live in the replacement premises
- You have 21 days from learning of this circumstance (art. 19a para. 3).
- During that time name other premises and present a declaration of its owner consenting to your living there.
- If you do not, the landlord may terminate the agreement with a notice period of at least 7 days.
So make sure the replacement premises are durable: check for how long the owner makes them available to the people named by the company.
Frequently asked questions
Do I have to live in the replacement premises?
No. It is premises where you can live only in the event of enforcement of the obligation to vacate the premises.
When do the 21 days start to run?
From learning that you have lost the ability to live in the named premises (art. 19a para. 3). That is why we ask for the contact details in the form to be up to date.
Can I name the premises of a close person?
Yes, if its owner or a person with a legal title makes a declaration consenting to your living there.
Related guides
The information is general in nature and is not legal advice.