Tenant – a weaker or a stronger party in market rentals (Slo, Cro, Ser)? Spelca Meznar, ISSBS

Starting position after Ex-YU dissolution HIGH RATE OF HOMEOWNERSHIP, limited rental “culture” Privatization, denationalization 1990s: shift of responsibility for housing issues from the State to local authorities and individuals

Private rentals Theory: Tenant – weaker party, Landlord – stronger party Specifics in Slo/Cro/Ser: ◦ Most landlords & tenants are private persons ◦ Most landlords rent only one dwelling Result: The starting position is not always imbalanced Aim of tenancy regulation: BALANCE

Aspects of balance Conclusion of the contract (form, deposit, quality of the apartment) Contract period (limited in time, open- ended, taxes, costs, repairs, improvements, rent regulation) End of contract (termination reasons, procedure, eviction) Other (interest groups, lobby groups, associations, legislation, court system)

Termination - tenant always possible in Slo/Cro/Ser, different termination periods (90 days Slo, 3 months Cro, 8-days Ser)  Applicable to limited-in-time contracts? Cro: NO, Slo: unclear, Ser: probably not no reason needed ◦ Cro: different regimes based on the reasons (3 months OE and liability based reasons, immediately if danger) (Mutual terminations possible without restrictions)

Termination – landlord Extraordinary (liability based reasons) Reasons, notice (warning) and deadline (90 days, 3 months) tenant needs to be actually aware of the notice ◦ Unclear in Slo: written notice or court claim? “cancellation” in Cro: only 15 days period for major breaches by the tenant

Ordinary termination (other reasons) Landlord’s own needs, family members, renovations: ◦ Slo: only if the tenant is provided a new apartment – “an adequate dwelling” by the landlord  90 days notice period ◦ Cro: 6 months period, no extra conditions ◦ Ser: no reasons needed for OE contracts

Social role No termination at improper time in Slo &Ser Serbia: for non profit rentals termination during winter time (December to February) additional 30 days for moving out

Use of the dwelling upon the expiry of a limited in time contract unlawful use, even if landlord’s tacit consent (Slo) – eviction possible automatic prolongation for the same period (Cro) Automatic prolongation for unlimited time (open ended) in Ser

Disputes In case of a dispute on termination reasons between the parties, the landlord has to file a claim to terminate the contract (Slo) Priority in all 3 countries ◦ Slo, Cro: general courts ◦ Ser: municipal authority No specific ADR

evictions Slo: only upon prior termination; landlords are not familiar Not general social defenses – exc Cro

Conclusion? No general conclusion, country based Slo: “balance by imbalance” Cro: most balanced Ser: difficult to assess, no legislation or case law; private rentals are not regulated