Serbia Rental Laws: Pro-landlord, Neutral or Pro-tenant?

Serbia's landlord and tenant laws are judged by the Global Property Guide to be slightly Pro-Landlord between landlord and tenant. Overall, while tenant rights exist, the system favors landlords who maintain clear, documented leases and follow legal eviction procedures. Recent reforms have improved tenant protections and clarified landlord duties but have not significantly shifted the balance toward tenants.

Rents: Can landlord and tenant freely agree rents in Serbia?

Landlords and tenants are generally free to agree on the rent amount through mutual negotiation. The Serbian legal system allows for contractual freedom in rental agreements, meaning rent levels are not regulated by the government for private residential leases.

Rent increases are legally valid only if they are specified in the rental contract. Most professionally drafted leases include a clause allowing the rent to be adjusted annually, often linked to inflation (indexed to the Serbian Consumer Price Index or Eurostat). If the lease is fixed-term (e.g. one year), the landlord cannot raise the rent during that period unless the contract includes a clause allowing for mid-term adjustments. Without such a clause, the rent is fixed until the lease expires. Once a fixed-term lease expires, the landlord is free to propose a new rent as a condition for renewal. The tenant can accept, negotiate, or move out. For leases without a fixed end date, the landlord can raise the rent with reasonable notice, usually 30 days, but the tenant must agree. If the tenant disagrees, the landlord may terminate the lease following legal notice periods.

Deposits

There is no statutory cap on the amount a landlord can request as a security deposit- the sum is determined through mutual agreement between landlord and tenant. However, custom and practice generally see deposits equaling one to two months rent.

What rights do landlords and tenants have in Serbia, especially as to duration of contract and eviction?

Lease agreements can be made for a fixed term, such as one year, or for an indefinite period. If a fixed-term lease expires and the tenant continues living in the property without objection from the landlord, the agreement is typically considered extended for an indefinite duration. In such cases, either party may terminate the lease with reasonable notice, usually 30 days, unless otherwise specified in the contract. Fixed-term leases, on the other hand, generally cannot be ended early unless a valid reason exists—such as a material breach—or if both parties agree, or if the lease itself contains an early termination clause.

Eviction in Serbia must follow a legal process. A landlord cannot evict a tenant unilaterally. If a tenant remains in the property after the lease has been terminated or violates key obligations—such as failing to pay rent, damaging the property, or subletting without permission—the landlord must take the case to court to obtain a formal eviction order. The court process can be slow, especially if the tenant contests the claim, and enforcement may take additional time. Self-help evictions, such as changing locks or removing the tenant’s belongings, are illegal and can expose the landlord to liability.

Legislation

Landlord and tenant rights are primarily governed by the Law on Contracts and Torts. These rights are shaped by contractual freedom, meaning that lease terms—such as rent, duration, and termination—are largely up to the parties to agree upon.

How effective is the legal system in Serbia?

The legal system in Serbia provides a formal process for eviction, but in practice, it is often slow and inefficient, especially in residential cases. While the law clearly outlines landlords's rights to reclaim their property in cases of lease violations—such as non-payment of rent, unauthorized subletting, or expiration of the contract—actual enforcement can be challenging and time-consuming.

To legally evict a tenant, a landlord must file a civil lawsuit before the court. The process involves obtaining a court judgment, which can take several months, particularly if the tenant contests the eviction or raises procedural objections. After a judgment is issued, enforcement is carried out by a court bailiff, and this step may face further delays due to backlog or administrative issues in the enforcement system.

Brief history: Recent changes in landlord and tenant law in Serbia

Recent reforms in Serbia’s landlord–tenant laws and wider property framework have primarily focused on property formalization, digitalization, tenant protections, and modernization of urban development, rather than direct rent control measures.