A lease of a flat between private persons in Serbia is governed by the contract and by the general rules on lease in the Law of Obligations. The rules are the same for Serbian and foreign tenants. This page explains the most common questions: the deposit, notice, sale of the flat and eviction.
The contract
A written contract is the best proof of what was agreed. It is useful for it to contain an inventory of the flat and furniture with photographs, the rent and payment dates, who pays the bills and building charges, the amount of the deposit and when it is returned, the length of the lease and the notice period.
Deposit
The deposit is not specifically regulated by law, so the contract applies. As a rule, it serves as security for unpaid rent, bills and damage to the flat. The tenant is not liable for ordinary wear and tear of the flat and furniture, so the deposit cannot be kept for that reason. If the landlord unjustifiably keeps the deposit, the tenant can claim it with a written demand and then by a lawsuit.
Obligations of landlord and tenant
- The landlord hands over the flat in good condition and carries out the necessary repairs during the lease.
- Minor repairs due to ordinary use and the running costs are borne by the tenant.
- The tenant uses the flat with due care, pays the rent on time and returns the flat undamaged when the lease ends.
- The tenant may sublet the flat if the contract does not prohibit it and the landlord is not harmed.
Notice and end of the lease
- A fixed-term lease ends when the term expires. If the tenant continues to use the flat and the landlord does not object, a new open-ended contract is deemed concluded on the same terms.
- An open-ended lease ends by notice. If the notice period is not set by the contract, the law or local custom, it is eight days, and notice must not be given at an inappropriate time.
- The landlord may terminate the contract if the tenant fails to pay the rent within 15 days of a demand for payment. The contract remains in force if the tenant pays before being notified of the termination.
- If, despite a warning, the tenant uses the flat contrary to the contract and considerable damage is threatened, the landlord may terminate without notice.
If the landlord sells the flat
The new owner takes the landlord's place. The new owner cannot require the tenant to move out before the agreed term or the notice period expires, and the previous owner is jointly liable for the new owner's obligations. After the sale, the tenant may terminate the contract with the statutory notice period.
Eviction
The landlord cannot evict the tenant on their own, change the lock or cut off the electricity. If the tenant does not move out after the lease ends, the landlord seeks eviction in court. A tenant who has been unlawfully prevented from using the flat can bring proceedings for disturbance of possession within 30 days of learning of the disturbance and of who caused it, and at the latest within one year of the disturbance.
A foreigner as tenant
When a foreigner rents a flat, the landlord registers the foreigner's stay with the police within 24 hours of the start of the accommodation. A foreigner registers on their own when not staying with another person, for example when living in their own flat. A foreigner with temporary residence reports a change of address within three days. The lease also serves as proof of address in the residence permit procedure.
Common questions
Note: This text is general information and is not legal advice for a specific case. It reflects the regulations at the time of the page's last update (October 2026). Assessing a particular situation requires reviewing the documents and circumstances of the case.
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