SLOVENIA Law and Practice Contributed by: Blaž Ogorevc, Miha Štravs and Blaž Murko, Odvetniki Šelih & partnerji, o.p., d.o.o.
• if the necessary repairs of the subject of the lease impede its use to a significant extent and for a prolonged period of time; • if the subject of the lease has a defect that cannot be remedied at the time of handover; and/or • if the subject of the lease is partially destroyed or damaged. In addition, the tenant may terminate the lease agreement if the disposal of the subject of the lease results in the transfer of the lease to the new owner of the real estate. A range of addi - tional termination options is usually contractually granted to both parties of the lease agreement. 6.20 Registration Requirements A lease is not required to comply with registra - tion requirements or particular execution formali - ties. Nevertheless, lease agreements may (but do not need to) be entered in the land register, which bears the effect of publicity. For the entry in the land register to be possible, the owner of the real estate needs to grant the tenant a land register permit that requires notarisation of the landlord’s signature, for which notarial fees are payable, and a registration fee needs to be paid. 6.21 Forced Eviction The tenant may be forced to leave the leased premises in the event of default even prior to the date originally agreed if the landlord terminates the lease agreement. If the tenant fails to comply with its obligation to vacate the leased premises, the landlord must generally obtain a judgment ordering the tenant to vacate the real estate and enforce the judg - ment in enforcement proceedings. The need to obtain such judgment may be avoided if the lease agreement is concluded in the form of a directly enforceable notarial deed, in which case
the landlord may directly initiate the eviction in enforcement proceedings. If only enforcement proceedings are neces - sary, official data states that the average time needed to successfully achieve enforcement is 2.7 months. However, if litigation proceedings are also necessary, the average time needed for successful enforcement significantly increases and may even exceed 12 months. No eviction moratoriums or related restrictions were enacted as a result of the coronavirus pandemic. 6.22 Termination by a Third Party As described in 2.9 Condemnation, Expropria- tion or Compulsory Purchase , owners of real estate may be expropriated under certain condi - tions. The decision ordering expropriation may also order that lease agreements connected with the real estate being expropriated are to be terminated. In such case, the tenant needs to be either awarded damages or compensated in kind depending on the subject of the lease. 6.23 Remedies/Damages for Breach In the event of a tenant breach and termination of the lease, the landlord has a claim for delivery and vacating of the property (which means that the tenant must, in principle, return the property in the same condition as it was received) and a right to compensation for damages under the general damage liability regime; no specific rules for rent apply and it has not been widely adopted that the landlord would be entitled to receive the full amount of remaining rent. The Obligations Code adheres to the principle of full compensa - tion, though it is limited by the principle of fore - seeability of damage while, simultaneously, the landlord has a duty to mitigate damages. In case of rental agreements, the latter will require the landlord to make efforts to secure a new tenant promptly.
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