The New Civil Code (further the “NCC”) replaces the Act nr. 116/1990 Coll., about the lease and sublease of non-residential premises. The most important change is the new terminology. NCC will not use the term the lease of non-residential premises and replaces it with the term “lease of commercial premises”. The specification of the term of commercial premises goes out from the purpose, for which the lease shall be closed. The purpose of lease is not to be expressed in the contract in opposite to the contemporary legal regulation. Newly the contract about lease of commercial premises is not needed to conclude in the written form.

The termination notice period of the lease for an indefinite period is 6 month, if the agreement does not contain the different stipulation about termination notice period. NCC contains a dispositive list of possibilities to give a temporary notice of the lease for indefinite period, which is similar to the reasons in the current legal regulation. The recent news is the given plea against the given notice. The plea is to be addressed to the second contractual party within one month from the delivery of the notice, otherwise it comes to forfeit of the right to request the notice to be reviewed by court.

Another big change also represents the possibility to enroll the lease right in the cadastre.

Newly NCC allows to the lessee to transfer the lease with the written agreement the lessor within the transfer of his business activity.

It is necessary to draw attention to the transitional provisions of NCC, from which goes out, that the lease is being regulated by NCC from the date of its efficiency. This is affected also in the case if the lease contract was concluded before 01.01.2014, according to the current legal regulation cannot be considered just the establishment of the lease and right and duties established before the efficiency of NCC.