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The Function Of Security Deposit In Area Of The Czech Tenancy Law And Some Problems Associated With It

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  • Jana Mlynkova

    (Faculty of Law, Masaryk University Brno, Czech Republic)

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

Suggested Citation

  • Jana Mlynkova, 2021. "The Function Of Security Deposit In Area Of The Czech Tenancy Law And Some Problems Associated With It," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 10(3), pages 192-198, December.
    • Handle: RePEc:sja:journl:v:10:y:2021:i:3:p:192-198
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    More about this item

    Keywords

    tenant; landlord; Civil Code; security deposit; interest.;
    All these keywords.

    JEL classification:

    • K11 - Law and Economics - - Basic Areas of Law - - - Property Law
    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law
    • K25 - Law and Economics - - Regulation and Business Law - - - Real Estate Law

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