Law of Obligations does not foresee a written form of a lease contract as an obligatory, so contract does not have to be in written form. However, it is recommended for a lease contract to be concluded in a written form.

No, besides public notary, contracts can be verified by appropriate city authorities.

Yes

Lease contract is a mutual statement between two parties, so this policy is to be regulated through a lease contract. If tenant agrees not to have visits from a third party in a rented apartment by signing a contract, tenant is supposed to respect the policy, and vice versa, if landlord allows visits from a third party in a rented flat, landlord has no right to forbid it later.

No, this is against the European convention on human rights, as well as the Constitution of Bosnia and Herzegovina, stipulating right on respecting private and family life, home and correspondence.

Yes, with earlier approval by landlord. It is recommended that such thing is regulated within contract.

There is always possibility of a lawsuit, but it is really important to regulate interrelationships by contract in very detailed way, so the possibility of a lawsuit is at a minimum risk.

It is a party that loses a lawsuit which pays the costs, if otherwise is not agreed.

The one who causes a damage, is also responsible for the damage costs. In that case, the causal link is created between delict and consequence.

Lease contract without an expiration date can be terminated by any party, respecting the cancellation date.

If period of cancellation date is not agreed by a contract or a law or local tradition, it is 8 days, but cancellation cannot be announced in an inappropriate time.

By noticing authorized inspection, which is allowed to file misdemeanor charge for unpaid lease tax.

Contract is a mutual statement of will. If one party does not want to sign a contract, a contract will not be signed, and the other party is responsible for leasing a real estate or lease-holding a real estate.

When renting an apartment, established is a so called tenancy relation. There are different types of private accommodations, and the difference is both in price and in terms. Hence, the apartment can be rented in a way to share it with the owner of that apartment. In such cases the most commonly we speak about rooms, instead of the whole apartment, and the price range in Tuzla is between BAM 100 – 150. A tenant has to be aware of the fact that only one room is rented – a bathroom and a kitchen are shared with the owner of the apartment. For all necessary additional services, the tenant has to agree with apartment owner(s). Most commonly, utility costs, amounting usually between BAM 50-70 per person, are not included in the rental price. Depending on mutual agreement, most commonly utility costs are calculated on the basis of total utilities divided on number of household members. The other type of private accommodation is when a landlord is renting a whole apartment. This means that the owner physically lives on another location. Monthly rent for such apartment can significantly vary, depending on location, size, interior fittings and the average price is from BAM 200 and up to 400 one bedroom / two-bedroom apartment.

Places where information about renting apartments in Tuzla can be found are printed advertisements that can be purchased at the kiosk, on the website Go home – search engine for real estate, the website OLX.ba, HOLICOB Search for apartments and roommates (https://www.facebook.com/groups/732940080406961/), notice boards of faculties, authorized agencies for sale and rental. The attention should be paid on advertises of the agencies offering to mediate in the process of renting of apartments/rooms. In such cases, in addition to paying the rent to the owner of the apartment, a student has to pay a commission to the agency.

Steps in renting the apartment:

1.Find an adequate housing (location, bus lines, parking…)

2.Making a lease agreement with following basic elements:

-Contracting parties (exact address and the location of the housing apartment);

-Description of the apartment, i.e. the part of the apartment intended for renting;

-Rent amount and payment terms;

-Utilities and costs to be paid during the tenancy agreement and modality of payment;

-Rent duration;

-Maintenance provisions;

-Provisions for the use of common areas, common parts and building devices, including the land that belongs to the building.

If needed, a student can ask for landlord’s ID for personal review. In case of any doubts or lack of clarity, relevant are provisions of the Law on Obligations (articles from 567-599).

It is recommended to make a record of handover when moving in/out of the apartment, determining the condition in which the apartment is in the moment of moving in/out.

The owner of the apartment is obliged to notarize the agreement and to report it with relevant Tax Administration Office in order to pay the property tax.

It is possible in theory, but in practice almost all agreements are made based on a limited time period.

In addition to logical remarks indicating that the apartment has to be in a good housing condition and needs to be protected from damage, the Law stipulates additional protective measures for all parties of the agreement and that is a handover record, agreement about the condition of the apartment at the moment of handover. All the shortfalls noticed by the tenant have to be fixed and all the costs caused by these shortfalls have to be reimbursed. When tenant moves in, it is not allowed to make any adaptations either in the apartment or in common areas and devices, without a written consent of a landlord and is obliged to inform the landlord on all necessary repairs in the apartment, which caused him additional cost. It is also important to underline that a tenant has a sole responsibility for any damage occurred in the apartment.

The termination of the lease agreement can be carried out in two ways: by cancelling the contract, or by terminating it in case of serious violations of the contract and the Law.
The landlord can cancel the lease agreement if the tenant or other users of the apartment use it contrary to the Law and Lease Agreement, or if:
– the lessee does not pay for the agreed rent and other agreed accommodation-related expenses;
– a tenant rents an apartment or the part of an apartment to a sublease, without a landlord’s permission;

– a tenant, or other users of the apartment disturb other tenants or building residents in their peaceful living, or office space;
– the apartment is used by a person not stated in the lease agreement for the period of longer than 30 days without landlord’s permission;
– the apartment is not used for living, but totally or partially is used for other purposes.

Termination of the lease agreement is possible in cases when tenants, with their guilt, make damage that they have not fixed within 30 days, or if they redecorate the apartment without previous written consent of the landlord. The agreement has to be terminated in written with the explanation and the eviction notice not shorter than 15 days.
Another justified reason for the termination of the agreement is the occupation of the apartment by the landlord, or his descendants, parents or persons the landlord takes care of. In this case, a tenant has a right to a notice period of even six months. In case if the tenant decides to terminate the lease agreement, a notice has to be given at least three months in advance.

Well-prepared lease agreement, handover record and record on the condition of the apartment is a precondition for the avoidance of possible court proceedings, or for a speed up of a court proceeding. Lease agreement is regulated by the Law on Obligations. As such, any violation of the contract by any of contracting parties, if contracting parties fail to settle the dispute by mutual agreement, they may contact the competent court to obtain judicial protection. The limitation period for claims from a lease is 3 years, whether it is a non-payment of rent or compensation for damages. Municipal courts are really and locally competent.

Tenant can never become an owner of the property over the time, i.e. by maturity, for the reason of not being consciences, i.e. because he/she known that the property in question is not his/her property, but belongs to the owner who signed a lease agreement. Only by consent statement of will, that is, by signing the sales contract, a tenant can become an owner of the apartment in question.

Lease agreement, on behalf of a lessor, can also be signed by a person who is not the owner of the property. In other words, a landlord doesn’t have to be an owner of the property in question.

Relations between the lessee and the lessor are settled on the basis of the lease agreement, and the relationship between the tenant and the owner of the property can be discussed, if other conditions have been met, in another case, on the other basis.

Court cases last long and are very expensive and in average last between three to five years until final court decision. Municipal courts are striving to end these cases through court settlements, which have the power of the executive document and end up much faster. The best solution for both contracting parties is to try solving each initial court case through out-of-court settlement and to take court proceeding as the ultimate option.

By reporting to relevant Tax Administration Office who can initiate a misdemeanour procedure against the landlord because of the tax evasion.

Lease agreement is a compliant statement made by the free will of both contracting parties. If one party does not want to sign the agreement, then it is not going to be signed, and the other party takes over the risk of renting the apartment without a written agreement.