What a tenancy agreement must contain: essential requirements

The tenancy agreement is the foundation of the entire relationship between landlord and tenant. The clearer and more precise it is written, the less room there is for future misunderstandings. The following overview summarises what such an agreement should contain, and what is good to add additionally, even if the law does not explicitly require it.

Who are the parties to the contract

The contract must clearly identify both parties: the landlord and the tenant. For natural persons, this includes first name, surname and address, plus other contact details (phone, email) for routine communication. If the landlord is a business operator, their IČO must also be stated. Precise identification facilitates all further communication and any service of documents, such as notices of termination or reminders.

When there are multiple tenants (typically partners or flatmates), it is advisable to list all of them by name and specify whether they are jointly liable for the rent or each responsible only for their own share. This avoids ambiguity in the event that one tenant stops paying their portion.

What is exactly being let out

The subject of the lease must be described so that there is no doubt about what is being let. This includes the property address, flat number or floor, approximate area and a list of items included in the lease, for example a cellar, parking space or flat furnishings (furniture, appliances).

Rent and service advance payments

The contract should clearly separate two items that are often mixed together: the rent itself and advance payments for utilities (water, electricity, gas, heating, and possibly cleaning of common areas). For both, it is advisable to describe the payment method and how and when the settlement of actually consumed services will take place. The more specifically this arrangement is written, the less room there is for disputes during the annual settlement.

Lease term

The contract must state whether the tenancy is agreed for a fixed term or an indefinite period. For a fixed term, it is advisable to specify exactly the date on which the contract ends (or under what conditions it is automatically extended). For an indefinite period, the tenancy continues until terminated by mutual agreement or notice from either party. We discuss this in more detail in our article on ending a tenancy.

Rights and obligations of the parties

A quality contract should at least outline in basic terms what is expected from each party. The landlord is usually responsible for ensuring the flat is habitable and for arranging repairs of more serious defects. Conversely, the tenant must use the flat with due care, pay rent and advance payments on time, and promptly report any faults they cannot fix themselves. The more specifically the contract describes these mutual obligations, the easier it will be to resolve routine operational situations later.

Why insist on a written form

Verbal agreements are easily forgotten and difficult to prove. A written contract provides both parties with certainty regarding what was actually agreed upon: from the rent amount through the scope of equipment to the rules of cohabitation. In the event of any future misunderstanding, it is precisely the contract text that both parties can refer back to and which can serve as evidence.

What is worth adding additionally

In addition to mandatory requirements, it is worthwhile to include in the contract items not explicitly required by law but which significantly facilitate life for both parties in practice:

• The handover protocol as an annex to the contract. We cover this in detail in a separate article.
• Recording of utility meter readings (electricity, water, gas) as of the move-in date.
• Rules for minor repairs and routine maintenance: who pays and in what amount.
• Agreement on pets, smoking or possible subletting to a third party.
• Contact details for the person handling the flat's technical matters (manager or landlord in person).
• The method by which the parties will report defects, contact changes or other important facts (email is usually the most practical in practice).
• Recommendation that the tenant arranges household insurance in case of damage to their own equipment.

A well-drafted agreement need not be lengthy or full of legal jargon; what matters is that it is clear and leaves no room for double interpretation. For standard situations, you can start from a proven template and add specific details. In non-standard cases (such as a lease with a business purpose or unusual terms), it is advisable to have the agreement checked by a lawyer before signing. The time invested in carefully drafting an agreement usually pays back many times over in the form of a smoother tenancy.

Useful resources

Related articles