Slovenia Rental Laws: Pro-landlord, Neutral or Pro-tenant?
Slovenia's landlord and tenant laws are judged by the Global Property Guide to be Pro-Tenant between landlord and tenant. Overall, the balance of rights tends to favor tenants more than in many other countries, ensuring that rental housing remains stable and secure, while still protecting landlords’ interests through contractual freedom and legal enforcement mechanisms.
Rents: Can landlord and tenant freely agree rents in Slovenia?
Rents can be set freely by agreement between landlord and tenant.
The ability to increase rent in Slovenia depends on the type of lease agreement. For leases with a fixed term and a clearly defined rent amount, the landlord cannot unilaterally raise the rent during the contract period. Any rent increase requires the mutual consent of both landlord and tenant. However, the parties may include a contractual clause linking the rent to an external reference index—most commonly the Consumer Price Index published by the Statistical Office of the Republic of Slovenia—allowing for automatic adjustments based on inflation or changes in the cost of living.
Deposits
In Slovenia, there is no statutory cap on the amount a landlord can charge as a security deposit for a residential lease. The deposit is typically agreed upon by mutual consent between the landlord and tenant. Common practice sees deposits ranging from one to two months' rent, though higher amounts may be requested, particularly from tenants perceived as higher risk, such as students or foreign nationals.
What rights do landlords and tenants have in Slovenia, especially as to duration of contract, and eviction?
In Slovenia, residential leases are primarily governed by the Housing Act, which allows lease agreements to be concluded for either a fixed term or an indefinite term. Fixed-term leases last for the duration specified in the contract and generally end automatically upon expiry, unless both parties agree to renew or extend the lease. Indefinite-term leases, on the other hand, continue until either party terminates the agreement in accordance with the conditions set forth by law or the lease contract itself. Slovenian law places an emphasis on tenant stability, particularly in the case of indefinite leases, and requires landlords to provide justified reasons in order to lawfully terminate such agreements. The tenant is always free to terminate a tenancy contract, without giving grounds, by serving 90 days' notice.
A landlord can evict a tenant only on valid legal grounds as provided by the Housing Act or other applicable laws. Common grounds for eviction include non-payment of rent, serious breaches of contractual obligations, or the landlord’s legitimate need to repossess the property. Importantly, eviction must be carried out through a court order; landlords are not permitted to forcibly remove tenants on their own. The eviction process includes formal notices to the tenant, opportunities for the tenant to remedy any breaches, and judicial oversight designed to protect tenants from unlawful eviction. While courts may expedite eviction proceedings in urgent cases, the tenant’s right to due process remains a fundamental priority.
Legislation
In Slovenia, the primary legislation governing the leasing of residential properties is the Housing Act, which addresses the majority of key issues related to residential leases. However, if the Housing Act does not provide specific provisions on certain matters, other laws—such as the Property Code and the Obligations Code—are applied as supplementary legal frameworks to resolve issues not expressly regulated by the Housing Act.
How effective is the Slovene legal system?
There can be long delays in the Slovenian courts. Legal certainty is also not at a high level, as there has been almost no body of case law concerning landlord and tenant, and the Tenancy Act of 1991 was self-contradictory.
Brief History: Recent changes in Slovene
landlord and tenant law
In the former Yugoslavia, the great majority of people had their apartments on the basis of a so-called 'housing right'. This was not private property, but permanent, and very close to ownership. After 1991, many of these apartments were privatized through the Tenancy Act (1991) at 10-20% of fair market value, except for the 'denationalized' apartments, which reverted to their pre-socialist owners, with the occupants being converted into protected tenants paying non-profit rents. Today, around 90% of all apartments are private property. One consequence is that today there are very few tenants in Slovenia; almost everyone who is housed owns their own flat or private house.