MONTENEGRO Law and Practice Contributed by: Milan Keker, Aleksandra Bujkovic, Ivan Pejovic and Iva Rolovic, Keker, Bujkovic & Pejovic
The tenant may terminate if the landlord fails, within a reasonable period, to bring the premises into the condition they are obligated to deliver or maintain. Termination is also permitted if legal or practical bar - riers prevent the tenant from using the space, or in cases of force majeure. 6.20 Registration Requirements Lease agreements must be concluded in written form and notarised; otherwise, they are deemed null and void. Leases with a term exceeding five years may be reg - istered in the real estate cadastre as an encumbrance in favour of the tenant, providing the effect of publicity. While registration is not required for validity, it enhanc - es the lease’s opposability to third parties. Notarial and registration fees apply, and the parties typically determine in the lease agreement which party will bear these costs. For details regarding lease-related taxes, please refer to 8. Tax . 6.21 Forced Eviction In the event of a default by the tenant, the landlord may terminate the lease agreement and require the tenant to vacate the leased premises even before the originally agreed termination date. The process typically begins with the landlord issu - ing a formal notice of default, giving the tenant an opportunity to remedy the breach – usually within 15 days. If the tenant fails to comply, the landlord may proceed to terminate the lease and initiate court pro - ceedings to obtain an eviction order. If the tenant still does not vacate the premises, the landlord must usu - ally obtain a court judgment and enforce it through formal enforcement proceedings. In such cases, the tenant may be held responsible for court fees, dam - ages, and lost profits. This legal process can take several months, usually between three and twelve months, depending on the complexity of the case, court workload, and whether the tenant contests the claim. Once the court issues a final judgment, the eviction is enforced by a court
bailiff, which may also require additional time. How - ever, this step can be bypassed if the lease agreement is executed as a directly enforceable notarial deed, allowing the landlord to initiate enforcement directly without prior court litigation. No eviction moratoriums or similar restrictions were introduced in response to the coronavirus pandemic. 6.22 Termination by a Third Party Under certain conditions, the property of landlords may be subject to expropriation by the government or municipal authorities, as outlined in 2.9 Condemna- tion, Expropriation or Compulsory Purchase . In such cases, the expropriation beneficiary (the state, municipality or company in whose favour the expro - priation is conducted) is required to provide the tenant with other suitable premises. 6.23 Remedies/Damages for Breach It is standard practice for landlords to require tenants to furnish a security deposit, typically in the amount of one month’s rent, though higher amounts may be negotiated in cases involving furnished or high-value properties. The deposit functions as a form of finan - cial assurance, intended to cover any outstanding obligations of the tenant, including unpaid rent, utility arrears, or damage exceeding ordinary wear and tear. Upon termination of the lease, and assuming the tenant has fulfilled all contractual obligations and the property is returned in acceptable condition, the deposit is refunded. While there are no statutory caps on the types or extent of damages a landlord may seek in the event of a tenant’s breach, enforcement remains subject to the general principles of contract law. Beyond reten - tion of the security deposit, landlords are entitled to pursue eviction and claim any remaining unpaid rent for the balance of the lease term, as well as initiate civil proceedings for further contractual damages where justified.
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