Apartment Lease Agreement

To be legally valid in Croatia, an apartment lease agreement must be in writing if it is concluded for a period longer than one year. It must contain the details of the contracting parties – the first name, surname, OIB (personal identification number) and address of the landlord and the tenant. The description of the property includes the address, the floor area and a list of the equipment being let. The amount of rent and the method of payment must be clearly defined. The duration of the tenancy is set as a fixed or indefinite term with a start date. The conditions for termination by either party should be stated precisely. The signatures of both parties and the date of conclusion are mandatory elements. It is advisable to add clauses on the deposit, utilities, pets and other specific matters. Our agreement template contains all the necessary elements adapted to Croatian legislation.

The Housing Lease Act (Zakon o najmu stanova) does not strictly prescribe who pays the utilities – that is a matter for agreement between the landlord and the tenant and is settled in the agreement. In practice, the most common model is that the tenant pays consumption (electricity, water, gas, internet) against the bills, while the owner pays the fixed costs such as the building reserve fund, property taxes and insurance. The agreement must clearly define which costs fall to whom in order to avoid misunderstandings. If the agreement does not regulate utilities, the assumption applies that the tenant bears the costs they can control through their own consumption. It is advisable for the tenant to pay the bills directly to the utility companies rather than to the owner, so as to avoid problems with non-payment. All-inclusive rent with utilities included is becoming more popular and is simpler for both parties.

No, certification of an apartment lease agreement by a notary public is not required by law – the agreement is legally valid with the ordinary signatures of both parties in written form. There are, however, three levels of certification offering different degrees of protection. An ordinary written agreement with signatures is the minimum level and is sufficient for basic needs. Certification of the signatures by a notary public (around 7-13 €) confirms the identity of the signatories and the date of signing. Notarial solemnization of the agreement offers the highest level of protection because the agreement acquires the force of an enforceable instrument and allows enforced eviction without court proceedings. For occasional letting to someone you trust, certification may not be essential. For a long-term tenancy or the letting of a more valuable property, we strongly recommend notarial solemnization as an investment in security.

The Housing Lease Act (Zakon o najmu stanova) prescribes a minimum notice period of 90 days for ordinary termination of a lease agreement concluded for an indefinite term. This period also applies if the agreement contains no clause on the notice period. A longer notice period may be agreed, but not one shorter than the statutory minimum of 90 days. With a fixed-term agreement, the tenancy ends on expiry of the agreed term without any need for notice. Extraordinary termination without notice is possible in the cases prescribed by law – for example, if the tenant fails to pay the rent for more than two months or damages the flat. Termination by mutual consent is possible at any time if both parties agree on the terms. We recommend that the agreement clearly defines the grounds for termination and the procedure for handing the flat back.