SLOVENIA Law and Practice Contributed by: Blaž Ogorevc, Miha Štravs and Blaž Murko, Odvetniki Šelih & partnerji, o.p., d.o.o.
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 the case of rental agreements, the latter will require the landlord to make efforts to secure a new ten - ant promptly. Landlords typically hold security deposits post - ed by tenants, usually in cash form, or the ten - ants provide other types of security, such as a bank guarantee or promissory note. 7. Construction 7.1 Common Structures Used to Price Construction Projects In construction agreements, the most common price clauses are: (i) unit prices, where the price of works is determined by the unit of measure- ment of the agreed works applied to the actually implemented quantities of work (most common - ly used in road or rail construction); or (ii) fixed (lump-sum) prices, where the price is set as a total price for the entire scope of works. Con - struction agreements also commonly include “turnkey” clause, in accordance with which the contractor independently undertakes to execute all the works necessary for the construction and use of the entire building. At the same time, the agreed price also includes the value of any unforeseen and excess works but excludes the price impact of any missing works. Fixed-price clauses are also common as they allow for a shift
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