THE FUNCTION OF SECURITY DEPOSIT IN AREA OF THE CZECH TENANCY LAW AND SOME PROBLEMS ASSOCIATED WITH IT

Jana Mlynkova ()
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Jana Mlynkova: Faculty of Law, Masaryk University Brno, Czech Republic

Perspectives of Law and Public Administration, 2021, vol. 10, issue 3, 192-198

Abstract: Security deposit is a special form of securing the landlord's claim against the tenant. This institute is regulated by Section 2254 of Act No. 89/2012 Coll., The Civil Code. Although the rules on certainty may seem to be sufficient and clear to the first impression, after closer examination it is clear that this is not so and that there are a large number of unanswered questions which are mentioned in this paper, for example: Is the statutory maximum amount of security deposit sufficient? Is it possible to count on the security deposit given to the landlord and to supplement the security deposit during the tenancy relationship, if such an arrangement is included in the lease contract? And what about the return of the security deposit? The aim of the paper is to find a solution to the above-mentioned shortcomings of the Czech legislation on the basis of a comparison with the legislation of the Slovak Republic, which for historical reasons is very similar to the Czech legislation. Classification-JEL K11, K15, K25

Keywords: tenant; landlord; Civil Code; security deposit; interest. (search for similar items in EconPapers)
Date: 2021
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