What is the notice period for a rented flat?
The notice period for a rented flat is now at least 60 days — the SZ-1E amendment cut it from 90 days, which many pages still wrongly state. Under the Housing Act (SZ-1) the tenant may terminate the contract without giving a reason, by written statement and observing the notice period, while the landlord may do so only on a statutory ground (the fault grounds in Article 103, e.g. non-payment, damage, subletting without consent). In a dispute the eviction is carried out through court proceedings, and the court sets an eviction deadline that may not be shorter than 30 or longer than 60 days. A new, faster route applies to non-payment (Article 112.a): the owner first sends a written reminder, then may serve termination. The myth of a guaranteed 90 days no longer holds — the period is 60 days, and eviction without a termination ground and proceedings is not allowed.
📋 The rules
- The tenant may terminate the tenancy at any time and without giving a reason, by written statement to the landlord and observing the agreed or statutory notice period.
- The landlord may terminate only on a statutory (fault) ground under Article 103 SZ-1 — e.g. non-payment of rent or costs, damage to the flat, subletting without consent, breach of house rules.
- The notice period is at least 60 days; the SZ-1E amendment cut it from the previous 90 days, which is a frequently repeated out-of-date figure.
- In a dispute the termination is carried out through court proceedings; the court sets an eviction deadline that may not be shorter than 30 or longer than 60 days.
- For non-payment of rent or costs (Article 112.a) the owner must first send a written reminder; they may then serve termination effective on the day it is received, and if the tenant stays, seek eviction from the court.
🔓 Exceptions
- Termination on a fault ground fails if the tenant proves the ground does not exist or remedies it within the given period (e.g. clears the debt, removes the breach) — the ground must be real and proven.
- The tenant need not move out until the owner reimburses the agreed investments in the flat; until those investments are paid, the termination does not take effect.
- For fixed-term contracts the expiry of the term applies; early termination is possible under contractual and statutory rules, otherwise the contract ends when the agreed period expires.
⚠️ Penalties & fines
An improper termination is expensive and slow for the owner. Self-help eviction — changing the lock, removing belongings, cutting off water or electricity — is not allowed; the tenant can stop it with an action for disturbance of possession and seek restoration of possession plus damages. The lawful route runs through a written termination with a ground and a 60-day period, and in a dispute through the court, which sets an eviction deadline of 30 to 60 days; to this are added court, enforcement and lawyer costs. Unpaid rent and costs remain a debt with default interest, recovered first from the deposit and then by civil means. For the tenant the worst consequence of a fault termination is losing the home and having the debt entered into enforcement; for the owner, a lengthy procedure if the contracts, reminders and handover records are not in order. Undeclared letting brings tax consequences on top.
📎 Official sources
- PISRS · statute register (Housing Act SZ-1, Articles 103 and 112) →
- Official Gazette of the RS · Housing Act amendment (SZ-1E) →
- Housing Fund of the RS · tenancy relations →
❓ Frequently asked
What is the notice period for renting a flat?
The notice period is at least 60 days. The SZ-1E amendment cut it from the previous 90 days, so statements of 90 days are out of date. The tenant may terminate without a reason, the landlord only on a statutory ground, and in a dispute the court sets the eviction deadline.
Can the owner terminate without a reason?
No. The landlord may terminate only on a statutory fault ground under Article 103 SZ-1, for example non-payment, damage or subletting without consent. The tenant, by contrast, may terminate the contract at any time without giving a reason, observing the notice period.
What happens if I do not pay the rent?
Under Article 112.a SZ-1 the owner must first send you a written reminder, then may serve termination effective on the day you receive it. If you stay in the flat, they can seek eviction from the court. The debt with default interest is settled first from the deposit, the rest by civil means.
Can the owner just evict me and change the lock?
No. Self-help eviction, changing the lock or cutting off water and electricity are not allowed. You can stop such conduct with an action for disturbance of possession and seek restoration of possession plus damages. Eviction is lawful only through a termination with a ground and court proceedings.
Do I have to move out right after receiving the termination?
No. The notice period of at least 60 days must be observed, and in a dispute the court sets the eviction deadline, between 30 and 60 days. Moreover, until the agreed investments in the flat are reimbursed, you need not move out, as the termination does not take effect until they are paid.
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