Disputes between landlords and tenants in the Republic of Srpska: rights, obligations and legal protection

Renting an apartment or office space is seemingly a simple agreement: the tenant pays, the landlord provides the space. In practice, various misunderstandings occur — from late payment and damage to refusal to move out after the contract expires. Whether you're a landlord or a tenant, it's important to know what rights you have and how to protect them.

Legal framework

The relationship between the lessor and the lessee is primarily governed by the lease agreement and the provisions of the Law on Obligations. In the event of a dispute, the provisions of other regulations may also be relevant, depending on the nature of the specific legal relationship and the request being made.

A written contract is of particular importance for the legal security of both parties, as it enables a clear determination of the amount and terms of rent payment, the duration of the lease, terms of cancellation, obligations related to the maintenance of real estate, deposits and other agreed issues.

Most common disputes

Non-payment of rent

The lessee is obliged to pay the rent within the terms determined by the contract, the law or, when there is no such determination, according to the rules provided by the Law on Obligations.

If the lessee does not pay the rent even within 15 days after the lessor calls him to pay, the lessor may, under the conditions prescribed by law, cancel the lease agreement. If the tenant settles the rent owed before the termination is communicated to him, the contract remains in force.

In addition to the termination of the lease relationship, the lessor can also demand the collection of due and unpaid rent.

Damage to the apartment

The lessee is obliged to use the real estate in accordance with the contract and its purpose, and upon termination of the lease, return it in the appropriate condition. However, the tenant is not responsible for normal wear and tear caused by regular use, nor for damages resulting from wear and tear.

If the landlord believes that the tenant has caused damage , it is important to document the condition of the property and the extent of the damage. Photos and a record of the condition of the real estate during its takeover and return can have significant evidentiary value.

If a deposit has been agreed upon, the possibility of using it to settle a specific claim should be assessed according to the content of the contract and the circumstances of the specific case. If the damage or other claim is not covered by the deposit, compensation can be claimed through appropriate legal means.

Refusal to move out after the expiration of the contract

Upon termination of the lease relationship, the lessee is obliged to return the leased immovable property to the lessor.

If the lessee refuses to hand over the immovable property, the lessor shall protect his right through appropriate legal means. When the conditions for enforcement exist, the vacating and handing over of immovable property is carried out in enforcement proceedings in accordance with the Law on Enforcement Procedures.

Arbitrarily changing the lock, taking out the tenant's belongings or other measures by which the landlord would try to carry out forced eviction on his own can open up additional legal issues and should therefore be avoided.

Landlord and tenant rights

The rights and obligations of the contracting parties depend on the Law on Obligations, the content of the specific contract and the circumstances of each individual case.

The lessor, among other things, is obliged to hand over and maintain the leased item in the condition required for the agreed use, while the lessee is obliged to use it in accordance with the agreement and its purpose, pay the agreed rent and return the real estate upon termination of the lease.

Issues such as the lessor's access to the property during the lease period, changes in the amount of rent, maintenance, payment of overhead costs and use of deposits should be regulated as precisely as possible in the contract.

In case of violation of contractual obligations, the rights of the other party depend on the type of violation, the content of the contract and legal remedies provided by law.

The importance of a written contract

Each rental relationship should be regulated by a written contract that contains: information about the parties and the property, the amount and term of rent payment, a description of the condition of the apartment upon takeover (preferably with photos), deposit conditions and notice period.

Why hire a lawyer?

The Topić law office provides legal assistance to lessors and tenants in connection with the drafting and analysis of lease agreements, collection of unpaid rent, compensation for damages, termination of the lease relationship, transfer of real estate and representation in court and executive proceedings.

Timely analysis of contracts and documentation can help determine the rights and obligations of the contracting parties and choose the appropriate method of legal protection.

Contact us at 051/220-270 or via the contact form on the website.

This text is informative and does not constitute legal advice for a specific case.