SLOVENIA Law and Practice Contributed by: Blaž Ogorevc, Miha Štravs and Blaž Murko, Odvetniki Šelih & partnerji, o.p., d.o.o.
Moreover, if the landlord wants the real estate to be vacated against the will of the tenant, it must generally obtain a judgment ordering the tenant to vacate the real estate and enforce the judgment 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 turn directly to enforcement proceedings, though not all events of default will be eligible for such application. 6.18 Right to Assign a Leasehold Interest Unless otherwise agreed, the tenant may gener - ally sublease the subject of the lease or other - wise grant its use to another person; however, only if such transfer of leasehold interest does not cause damage to the landlord. In practice, lease agreements commonly prohibit subleases or demand the landlord’s consent for the sub - lease. 6.19 Right to Terminate a Lease Lease agreements concluded for an indefinite period of time can be terminated by way of notice, which either party may give to another, observing the notice period. However, since most lease agreements are concluded for a fixed term, the ordinary termination rights are exclud - ed. A lease agreement concluded for a fixed term is terminated upon expiry of the lease term. The Obligations Code also grants both the land - lord and the tenant extraordinary termination/ withdrawal rights. The landlord may, under the law, terminate the lease agreement: • if the tenant, even after being reminded by the landlord, uses the subject of the lease in breach of the agreement or its purpose, or
neglects to maintain it, and there exists a risk of significant damage to the landlord; • if the tenant fails to pay the rent within 15 days of the landlord՚s request to do so; and/ or • if the tenant subleases the subject of the lease without the landlord՚s permission when required to do so. Conversely, the tenant may withdraw from the lease agreement: • 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.
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