GENERAL TERMS AND CONDITIONS
General terms and conditions for the conclusion of lease agreements for apartments in the below-listed apartment buildings owned by the City of Ostrava (not entrusted to municipal districts), no. I/2020.
General terms and conditions for the conclusion of lease agreements for apartments in the following apartment buildings:
a) Husova 7, land registry reference no. 1591, located at parcel no. 845/3, cadastral area Moravská Ostrava, municipality Ostrava, total 11 apartments.
b) Veleslavínova 17, land registry reference no. 1591, located at parcel no. 845/3, cadastral area Moravská Ostrava, municipality Ostrava, total 12 apartments.
c) Střelniční 8, land registry reference no. 75, located at parcel no. 120, cadastral area Moravská Ostrava, municipality Ostrava, total 11 apartments.
d) Janáčkova (no number), land registry reference no. (no number), currently under construction, located at parcel nos. 1931/I and 1960/23, cadastral area Moravská Ostrava, municipality Ostrava, total 26 apartments.
I.
Introductory provisions
Ostrava City Council has approved these General terms and conditions for the conclusion of lease agreements for apartments in the below-listed apartment buildings owned by the City of Ostrava (not entrusted to municipal districts), hereunder “the(se) general terms and conditions”: the apartment buildings located at Husova 7/1591, Veleslavínova 17/1591, Střelniční 8/75 and Janáčkova (no numbers yet allocated – currently under construction), hereunder “the apartments”.
These general terms and conditions stipulate the terms and conditions under which a party interested in leasing an apartment may submit an application for a selection procedure for the lease of the apartment and a lease agreement may be concluded with this interested party.
These general terms and conditions do not affect the City Council’s right to decide to offer an apartment for lease in a manner not specified in these general terms and conditions.
For the purposes of these general terms and conditions, the following definitions apply:
apartment — an apartment owned by the City of Ostrava and not entrusted to a municipal district
interested party – a party interested in concluding a lease agreement to the listed apartments
application – an application for the selection procedure for the lease of the listed apartments
lessor – the City of Ostrava’s City Authority (hereunder “the City Authority”)
building administrator – the company administering the apartments in the building on the basis of a contract of mandate
II.
General terms and conditions
A list of the apartments available for lease in the listed apartment buildings is published on the website of the building administrator www.byty.ostrava.cz.
An interested party submits an application by the stipulated deadline using the prescribed form “Application for the lease of a municipal apartment” via the website www.byty.ostrava.cz or to the mail room of the building administrator. The application form is available at the website www.byty.ostrava.cz or from the offices of the building administrator.
The level of the rent payable for apartments is set as a minimum level per m2 of floor space (the “minimum bid price”); this level is determined by Ostrava City Council and will be published at the website www.byty.ostrava.cz.
A lease agreement will be concluded with the interested party whose bid is deemed to be the best bid, provided that the interested party meets all the terms and conditions stipulated below. The lease agreement will be concluded at the premises of the building administrator.
Interested parties must be of adult age and must have permanent residence in the Czech Republic.
If an interested party has concluded a lease agreement for an apartment owned by a different owner than the City of Ostrava (including apartments entrusted to its municipal districts), and if that owner is located within the cadastral area of the City of Ostrava, the interested party must declare in their application a binding commitment, in the event of their bid being deemed to be the best bid, to give notice to terminate their existing lease of the above-mentioned apartment or to terminate this existing lease by mutual agreement, both within fifteen days of the demonstrable delivery of the building administrator’s notification of the selection of the best bid; proof of this termination or notice to terminate the existing lease must be presented to the building administrator.
If the interested party whose bid is deemed to be the best bid is also the owner of a residential property located within the cadastral area of the City of Ostrava, the interested party must, within eight months from the signature of the lease agreement with the City of Ostrava, present to the building administrator a written extract from the cadastral register as proof that the interested party is no longer the owner of the residential property that the interested party owned at the time when their bid was deemed to be the best bid. If the interested party fails to do so within the stipulated period, their entitlement to the lease of the apartment may not be prolonged.
Before concluding the lease agreement, the interested party must pay a security deposit totalling three times the monthly rent. This security deposit will be held by the lessor in a separate bank account. The security deposit will be used to settle any debts incurred as a consequence of failure to pay rent or other costs associated with the use of the apartment or other costs connected with the lease. If instructed to do so by the lessor, the tenant must pay the remaining sum necessary to replenish the security deposit to its original level within 30 days of the tenant’s receipt of the notification regarding the use of the security deposit. At the end of the lease, the lessor will return the security deposit to the tenant within 30 days of the date on which the lease expires by transferring the sum to the tenant’s bank account, which is identified for this purpose in the lease agreement; when returning the security deposit, the lessor will deduct from the total sum any sum owed by the tenant to the lessor in connection with the rent or other costs associated with the use of the apartment. The tenant is entitled to receive the legally stipulated rate of interest on the security deposit for the period from its original payment.
The lease agreement will be concluded for a fixed period of no more than one year; the lease period will be automatically prolonged for the originally agreed period provided that all the tenant’s obligations arising from the lease agreement and legislative stipulations are fulfilled (these obligations concern primarily the full and timely payment of rent and other costs associated with the use of the apartment, including bills sent) and provided that none of the tenant’s declarations prove to be untrue.
At the time of submitting the application, the interested party does not have, and has not had for an uninterrupted period of twelve months, any unpaid and overdue financial obligations towards the City of Ostrava, its municipal districts, commercial companies owned by the City of Ostrava, and state institutions. The interested party submits proof of this fact as part of the application for the lease of the apartment in the form of a certificate confirming the non-existence of said financial obligations, issued by the appropriate department of Ostrava City Authority and proving that Ostrava City Authority lists no outstanding unpaid financial obligations to it on the part of the interested party and their spouse or partner who will be the co-tenant of the apartment. Proof of the non-existence of said financial obligations towards the municipal districts of the City of Ostrava, commercial companies owned by the City of Ostrava and state institutions must be submitted in the form of a sworn declaration. If the interested party or the above-listed persons are listed by Ostrava City Authority as being in arrears with the payment of taxes, the requirement for the non-existence of financial obligations stipulated by this paragraph will also be deemed to have been met if the interested party proves, as part of their application for the lease, that they or the above-listed persons have been permitted by Ostrava City Authority to pay their outstanding tax obligations in instalments and that the debtor is paying these instalments as stipulated.
Interested parties exclude those persons who, at the time of submitting the application and for a period of three years prior to submitting the application, had their tenancy of an apartment terminated on the grounds listed in Section 2288, Subsection 1a, 1b or 1d and Section 2291, Subsection 1 of Act no. 89/2012 Sb., the Civil Code.
Interested parties exclude those persons who, at the time of submitting the application and for a period of three years prior to submitting the application, were in tenancy of an apartment and this tenancy expired due to the expiry of the fixed tenancy period because the tenancy was not prolonged as a consequence of the tenant’s violation of their tenancy obligations.
Interested parties exclude those persons who, at the time of submitting the application and for a period of three years prior to submitting the application, sub-leased an apartment owned by the City of Ostrava or entrusted to one of its municipal districts to a third party without obtaining the permission of the City of Ostrava or the relevant municipal district.
Interested parties exclude those persons who, at the time of submitting the application, are bankrupt in the form of insolvency as defined by the provisions of Section 3, Subsections 1 and 2 of Act no. 182/2006 Sb. on bankruptcy and settlement (the Insolvency Act), which defines a debtor as bankrupt if that debtor has at least two creditors and outstanding financial obligations that have remained unpaid for a period of more than thirty days after the due date and which the debtor is unable to pay, i.e. particularly if the debtor has ceased to pay a substantial proportion of their financial obligations or has failed to pay them for a period of more than three months after the due date, or if it is not possible to settle any of the financial obligations by enforcing a court decision or by seizure of the debtor’s property.
The interested party must be able to pay the rent and other costs associated with the use of the apartment in full, on time and in a regular manner.
The interested party must submit the application on time, in the correct manner and with all required supporting documentation in accordance with these general terms and conditions; an incomplete or incorrectly completed application or an application received after the stipulated deadline will not be considered in the selection procedure for the lease of the apartment.
Each interested party may only become the tenant of one apartment via the selection procedure. If an interested party submits applications for the lease of more than one apartment and if more than one of the interested party’s bids is deemed to be the best bid, the lease agreement will be concluded for the apartment listed in the application as the highest priority.
The building administrator is entitled to exclude an interested party from the selection procedure if the interested party’s application fails to meet the required terms and conditions. The bids received from interested parties are ranked according to the sum (the bid) offered by each party. If two or more interested parties submit bids offering identical sums, the final ranking of the interested parties will take into consideration the social situation of the interested parties and persons living with them as members of the same household.
The City Council is entitled to decide not to lease an apartment to any of the interested parties who have submitted bids to lease the particular apartment. The City Council is furthermore entitled to decide on a different ranking of the interested parties.
The decision on the conclusion of a lease agreement is taken by the City Council. If a lease agreement is concluded, the City of Ostrava will not permit the tenant to sub-lease the apartment to a third party, even for purposes of a short-duration sub-lease.
If it is determined that the interested party whose bid was deemed to be the best bid gave false or incomplete information in their application, their entitlement to the lease of the apartment will not be prolonged.
III.
Final provisions
These general terms and conditions were approved by the City Council on 13 October in resolution no. 05011/RMI 822/73 and come into effect on the date of issue.
