The Findings Of The Comparable Rent Normal At A Given Location

Original Language Title: Zjištění srovnatelného nájemného obvyklého v daném místě

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=81224&nr=453~2F2013~20Sb.&ft=txt

453/Sb.



GOVERNMENT REGULATION



of 11 December 1997. December 2013



on the determination of the details and the procedure for finding the comparable rent

the normal at a given location



The Government ordered pursuant to section 2249 para. 2 of the Act No. 513/91 Coll., the civil

code:



§ 1



Introductory provisions



This regulation lays down the methods and procedure for the determination of equivalent

the rent of the usual at a given location for legal relations based rental

the Treaty, in which the lessor agrees to let tenanted apartment, House

or other than residential ("flat") to ensure its residential

needs.



§ 2



Definition of terms



For the purposes of this regulation, means a



a) comparable rent will currently rents paid for comparable

apartment in a house in a comparable and similar other conditions

decisive for the amount of the agreed rent,



b) comparable rent will as usual in a given location, the aggregate quantity

comparable rental,



(c) the characteristics of the legal and factual) items affecting the amount of the

the rent referred to in annexes 1 and 2 to this regulation.



§ 3



The findings of the comparable rent normal at a given location



(1) to establish the comparable rent normal at a given location for

particular apartment the following ways



and expert opinion about) the acquisition of the usual rents, that is for the

particular apartment is considered comparable rent common at the site,



(b)) the determination on the basis of demonstrable proof of at least 3

comparable rental.



(2) if it is to ensure the housing needs of the lessee leased other than residential

space for rent for a comparable findings normal at a given location

paragraph 1 shall apply mutatis mutandis.



§ 4



Assessing the comparability of



(1) when assessing the comparability of the match must exist at least in

some of the variants of the characteristics, and the corresponding amount of

characteristics that significantly affect the amount of the rent.



(2) the comparability of rental subject to match in variants

characteristics, and it



and comparability of rental relations) the scope of rights and obligations and



(b) comparability of residential apartment values).



(3) when determining comparability, any rental income from residential properties which



and are rented out as flats) business,



(b)) are not hired out as living spaces, even in part,



(c)) are provided for temporary use or short term purpose,



d) are given to the members of the cooperatives, condominiums diabetes



(e)) are special purpose housing



(f)) have rent limited in connection with the support from the public

resources.



(4) in determining comparability, any rent



and from living quarters) used on the basis of the contract of accommodation,



(b)), in which the amount of rent is affected by the particular

the lessee by the lessor.



(5) in determining the comparability of ignoring the characteristics,

that are related to the subjective evaluation of the tenant, the landlord,

especially in relation to his social status.



(6) for comparable rent rent cannot be regarded as agreed as

lump-sum payment under the Act, to regulate certain issues

relating to the provision of performance associated with the use of apartments and

non-residential spaces in a building with apartments.



§ 5



Comparability of residential tenancies and the value of the apartment



(1) when assessing the comparability of rental relations it is necessary to

compare rents from the letting of the same range of rights and obligations referred to

in annex 1 to this regulation.



(2) proof of the comparability of the residential apartment values must be matched

represented by at least one variant of each group characteristics

listed in annex 2 to this regulation.



§ 6



Comparable rent customary in the place



(1) the procedure under § 3 para. 1 (b). and the rent is above normal)

for a specific apartment listed in the expert opinion comparable rent will

the normal at that point.



(2) the procedure under § 3 para. 1 (b). (b)) is comparable to rent

the normal at that point expressed as interval,



and as a mean value) plus or minus the standard deviation of the individual

comparable rental when their number more than 30,



(b)) as the interval of each comparable rental distribution without

extreme values, it is the exclusion of one sixth of the values on the bottom and

one-sixth of the values at the top of the Division when their number 12 to

30, or



(c)) as the interval as defined by the lowest and highest values of

the comparable rent when their numbers less than 12.



(3) If, in a given place value of all comparable rental

the same, is this particular value the value of the comparable rent

the normal at that point.



§ 7



For the purposes of determining entitlement and the amount of benefits under the Act No 111/2006 Coll., on

assistance in material need, as amended, the provisions of § 4,

5 and 6 do not apply.



§ 8



The effectiveness of the



This Regulation shall enter into force on 1 January 2000. January 2014.



Prime Minister:



Samantha r in r.



Minister for local development:



Lukl in r.



Annex 1



Characteristics of lease relations



Characteristics of lease relations that will be used to determine the

the comparable rent, are in particular:



1. the length of the lease



The variant characteristics



short-term rent) up to 1 year,



(b)) the rent for a limited period longer than 1 year,



(c)) the rent for an indefinite period.



2. the possibility of subletting



The variant characteristics



and agreed that the possibility of subletting part) of the apartment,



(b) agreed that the possibility of subletting the whole) of the apartment,



(c) prohibition of the sublease agreement).



3. payment security



The variant characteristics



and security against unwanted)



(b) to a maximum of) the guarantee provided for by the civil code,



(c)), the security of lower than provided for by the civil code.



4. The arrangements for the specific rights and obligations of the tenant



The variant characteristics



and negotiated the rent associated with) using in the home of the landlord,



(b)) the rent associated with cleaning the House,



(c)) the rent associated with the care of a garden,



(d) the nature of the sanctions agreed obligations),



(e) the lessee) the right to the adjacent garden next to the House.



5. the Existence of inflationary clauses



The variant characteristics



and the existence of arrangements for the annual) adaptation of the rent price rises,



(b) the existence of arrangements for the annual) adaptation of rent changes

the exchange rate.



6. The Interval, paying the rent



The variant characteristics



and the rent paid in advance on) every month,



(b) rent paid in advance on) a longer period than one month payment.



7. The notice period



The variant characteristics



and 3 month notice) the period provided for by the civil code,



(b)) agreed by the notice period longer than 3 months.



Annex 2



The group characteristics of the residential value of the apartment



For the assessment of comparability of residential apartment values defined 5

the main groups of characteristics:



1. type of construction and the type of apartment



The method of building a House and apartment design, in particular the resolution of whether the apartment

located in a family house, in a standardized, town house, or

a semi-detached house or in a tenement apartment building. Other variations of the characteristics

they are for example. location of the apartment inside the House, the range of exposure to sunshine or shade.



Variant characteristics are particularly



Family House, residential house, apartment in the House, where the predominant function of housing,

mnohopodlažní House, low-floor House, prefabricated house, other than the Panel

the House, a standard type apartment, apartment, which is not under the closure, basement,

ground floor apartment, duplex apartment.



2. The size of the living space



As a rule, is the rent per square metre of smaller flats higher than rents for

flats with a larger floor area. Comparable rent must therefore be

substantiated from the flats of similar size. For the recognition of comparability is

necessary so that the total area of the flats was also intended by the same

definitions. Although areas of terraces, balconies, loggias or cellars,

that are not rooms, cannot be counted towards the floor area of the flat is

can be offset if they are counted, even in comparable homes.

The very existence of terraces, balconies, loggias and cellars, however, can also

appear in another group, the characteristics of residential values-specifically in the

equipment of the living space.



Variant characteristics are particularly



the size category of dwelling (large, medium, small apartment), the total

area of the apartment.



3. Equipment of the living space



Equipment comprehends everything the landlord provides a tenant to the Standing

use, provided that the remuneration for the use of this equipment is

part of the rent paid. For the assessment of comparability cannot be

considered such equipment, and associated costs to bear,

the tenant.



Variant characteristics are particularly



solid fuel local heating, heating option only for some

the rooms, the impossibility of access to warm water, absence of basic

equipment and facilities (toilet or bathrooms or showers) under the

the conclusion in the apartment, the existence of more bathrooms, the existence of multiple TOILET, the existence of

more built-in wardrobes, kitchen equipped with a kitchen area, particularly

high-quality floor coverings, the existence of the pantry, cloakroom, laundry room,

and also a balcony, terrace or Loggia, the existence of the elevator, cellar or

soil space accessible to the lessee.



4. State of the building, and the status of the apartment



Method of construction of the building and the apartment building and the energy state of the building,


or apartment.



Variant characteristics are particularly



unsatisfactory status of the shell of the building and the roof, including the Windows and entrance

the door, particularly for the status of the shell of the building and the roof of the building

even the cosmetic (atypical Windows, stucco, Sgraffito), thermal insulation

external cladding, roof and doors of the House, upgrading ductwork in the House

(electric, water, waste and low-voltage distribution systems), a classification class

the energy performance of buildings reflecting the efficiency of operation,

unsatisfactory status of the apartment, such as for the repeated occurrence of moulds,

a modernised bathroom, double glazing and insulation for all ztrojené

Windows and external doors, burglary, upgraded

wiring, plumbing and waste in the apartment.



5. Location of the apartment at the place



Location of the apartment has been operating on the rent substantially and comprehensively. Location of the apartment can

be individually assessed very differently. For the quality of the positions are

above all, significant proportions of residential area in which the apartment is located. The importance of the

location of the apartment in the place for the amount of the rent increases with the size of the municipality. The address of the

two of the apartments, in some cases it may be sufficient to

expression of the matches in the characteristics of the "location of the apartment of the place".



Variant characteristics are particularly



the availability of good/bad, good/bad transport connections,

dense/sparse surrounding buildings/loneliness, the range of green and open space

a significant deterioration of insufficient/space noise, odour, dust,

the good/bad infrastructure.