How long is the notice period for a flat lease in Montenegro? Whatever was agreed. If an open-ended lease does not state a notice period, it is three months.
When a lease is coming to an end, the same questions come up. Local searches show it: "otkaz ugovora o zakupu" (termination of a lease) is followed by "stana" (of a flat), "na određeno vrijeme" (fixed-term) and "primjer" (sample), people look for "otkazni rok zakup stana" (notice period, flat lease), "depozit za stan" (deposit for a flat) is followed by "zakon" (law) and "iskustva" (experiences), and "iseljenje zakupca" (eviction of a tenant) is searched separately.
This article explains what the Law on Obligations says about the form of the lease, the notice period, termination without notice, a sale of the flat during the lease, handing the flat back and the deposit, and whom to turn to when a tenant does not leave.
The lease: written form and certification
A lease of a flat must be concluded in writing and certified in accordance with the regulations. A lease concluded otherwise is null and void. The general rules on leases in the same law also apply to flat leases.
The Law on the Maintenance of Residential Buildings adds two duties for an owner who lets a flat in a building:
- within 15 days of letting, the owner gives the building manager a written notice of the lease, with details of the tenant and the landlord, the floor area and the term;
- within 15 days of signing, the owner submits to the tax authority a copy of the lease certified by a notary or another competent body.
The manager's role is explained in our article on the building manager and unit owners, and the tax on rental income in our guide on how to rent out an apartment.
How a flat lease ends
The law lists seven grounds:
| Ground | Note |
| Termination by agreement | The parties agree on the end date |
| Expiry of the term | For fixed-term leases |
| Destruction of the flat | If force majeure only partly destroys or damages the flat, the tenant may terminate or stay and ask for a lower rent |
| Demolition of the building or part of it | Under a final decision of the competent authority |
| Change of use | When the use of the building or flat is changed in line with the regulations |
| Notice | With a notice period or, in cases set by law, without one |
| Other cases | Set by law |
Notice period
| Lease | How it ends | Notice period |
| Open-ended | By notice that either party may give the other | As agreed; if not agreed, three months |
| Fixed-term | Automatically when the term runs out | The law provides ordinary notice for a lease whose term is not fixed |
| Expired, but the tenant keeps using the flat | If the landlord does not object, a new open-ended lease on the same terms is deemed concluded | As for an open-ended lease |
Before its term runs out, a fixed-term lease ends by agreement, under a clause of the lease itself or on the statutory grounds set out below. The last row of the table deserves attention: a landlord who does not want an extension should object, because otherwise a new lease is deemed concluded.
The law sets no special form for giving notice on a flat lease. A written notice with proof of receipt makes it easier to prove the day from which the notice period runs.
Termination without notice
The landlord may terminate without a notice period:
- if the tenant fails to pay the rent for two consecutive periods. The lease nevertheless stays in force if the tenant pays the debt before being told of the termination, or if the tenant then has a claim against the landlord that meets the conditions for statutory set-off;
- if the flat has been sublet without the landlord's permission;
- if, even after a warning, the tenant uses the flat against the lease or its purpose or neglects its upkeep, and there is a risk of considerable damage.
The tenant may:
- terminate without a notice period if the flat is dangerous to health, even if the tenant knew this when signing. This right cannot be waived;
- terminate or ask for a lower rent if the landlord does not remove a defect even within an additional reasonable deadline, with a right to damages;
- terminate if necessary repairs hinder the use of the flat to a considerable extent and for a long time, and during the repairs the tenant is entitled to a proportionate rent reduction.
Sale of the flat and death of a party
- Sale during the lease. The buyer steps into the landlord's place. The buyer cannot demand that the tenant hand over the flat before the agreed term ends or, for an open-ended lease, before the notice period runs out. The seller is jointly liable as a guarantor for the buyer's obligations under the lease.
- Who receives the rent. Unless agreed otherwise, the buyer is entitled to the rent from the first payment date after the purchase. Once informed of the sale, the tenant pays the rent only to the buyer.
- The tenant after a sale may terminate the lease in any case, respecting the statutory notice periods.
- Death of the tenant or the landlord. The lease continues with the heirs unless agreed otherwise. The tenant's heirs may, within six months of the tenant's death, terminate the lease even before the agreed term ends, respecting the notice period.
If you are selling a flat with a tenant in it, our guide to selling an apartment covers the whole process.
Deposit and handing the flat back
The Law on Obligations contains no specific rules on deposits in leases. The amount, purpose and deadline for return are set by the lease. What the law does regulate is the condition in which the flat is returned, and that is the framework for any dispute over withholding a deposit:
| Rule | What it means |
| The tenant looks after the flat and returns it undamaged when the lease ends | Damage beyond normal use is the tenant's responsibility |
| The tenant is not liable for wear from normal use or for damage caused by age | The tenant is liable only for damage beyond that |
| If the tenant made changes, the flat is returned in the condition in which it was received | Changes made during the lease should be removed |
| Additions that can be detached without damage may be taken away | The landlord may keep them by paying their value |
| Minor repairs caused by normal use and the running costs of use fall on the tenant | Necessary repairs and keeping the flat in proper condition are the landlord's duty |
To know later what counts as normal wear and what counts as damage, it helps to draw up a record of the flat's condition with photographs at move-in, signed by both parties. Write into the lease the amount of the deposit, what may be charged against it and when it is returned. Practical tips for tenants are in our article on long-term rentals.
Eviction of a tenant
When a lease ends, through expiry or notice, the legal basis for using the flat ends too. The law provides a separate route for this: if someone moves into separate or common parts of a residential building without a legal basis, or that basis ends, anyone with a legal interest may ask the local government authority to order the person to move out. The eviction procedure is urgent.
If the parties disagree about whether a notice was valid or how much of the deposit is due back, the dispute is decided by a court.
Short checklist before signing
| Question | Why |
| Is the lease in writing and certified | Otherwise it is null and void |
| Is the landlord the owner | Checked in the title extract |
| Is the notice period stated | If not, it is three months for an open-ended lease |
| Amount, purpose and return deadline of the deposit | The law does not regulate them, so the lease governs |
| Record of condition at move-in | Normal wear is not the tenant's responsibility |
| Who pays for the upkeep of the building | The occupier bears it only if this duty was taken on by contract |
You can list or find flats for long-term rent in our real estate category.
Frequently asked questions
Can a fixed-term lease be terminated? Such a lease ends when its term runs out. Before that it can end by agreement, by notice if the lease itself provides for it, or on statutory grounds, for example when the tenant fails to pay the rent for two consecutive periods or when the flat is dangerous to health.
Does a flat lease have to be certified? Yes. The law requires written form and certification in accordance with the regulations, and a lease concluded otherwise is null and void. The owner of a flat in a residential building submits a certified copy to the tax authority within 15 days.
Is the deposit for a flat returned? The law does not regulate deposits specifically, so the conditions for return are set by the lease. The tenant is not liable for wear from normal use, only for damage beyond it.
What if the landlord sells the flat? The buyer steps into the landlord's place and cannot demand that the tenant move out before the agreed term or the notice period ends. The seller is jointly liable as a guarantor for the buyer's obligations under the lease.
How do you evict a tenant whose lease has ended? A person with a legal interest may ask the local government authority to evict someone whose legal basis has ended. The procedure is urgent.
Sources
Leases, flat leases, notice, a sale of the leased flat, handing the flat back and eviction are governed by the Law on Obligations (Official Gazette of Montenegro 47/2008, 4/2011 and 22/2017, articles 598, 599, 606, 607, 610, 613, 619 to 626 and 628 to 636; later amendments to the law do not concern these articles). The notice to the building manager, submission of the lease to the tax authority and the occupier's costs are governed by the Law on the Maintenance of Residential Buildings (Official Gazette of Montenegro 41/2016 and 84/2018, articles 16 and 23). Fijaka is a listings platform and does not give legal advice; for a specific dispute, consult a lawyer.