Who signs the lease
If you cannot come, the lawyer you appoint signs it. When the flat is co-owned, for example by you and your sister, each of you gives a power of attorney and one attorney signs for both.
Why the form of the lease matters
While the rent comes in, nobody reads the lease. When a tenant stops paying or refuses to leave, an owner with an ordinary lease has to sue, and eviction cases in practice can take years.
A lease certified (solemnised) by a public notary, with the tenant's express consent to enforcement, can have the force of an enforceable document. Arrears and eviction are then pursued directly in enforcement proceedings. A simple certification of signatures does not achieve this. We check before signing whether your lease meets the conditions.
What the lease should say
- rent, currency and due date; an amount in euros is paid in dinars at the National Bank of Serbia middle rate
- the deposit and what it covers
- who pays utilities and who pays maintenance
- term and notice period
- condition of the flat at handover, with a written record and photos
- the tenant's consent to enforcement, if the lease is certified by a notary
Tax on rental income
If the tenant is an individual, the owner files and pays the tax, including an owner living abroad. If the tenant is a company, it withholds and pays the tax with each rent payment.
If you live in a country that has a double tax treaty with Serbia, ask a local tax adviser how the income is reported there as well.
Frequently asked questions
Does a lease have to be signed before a notary?
Not for the lease of a flat to be valid. Notarial certification is what you need if you want the lease, with the tenant's consent to enforcement, to be enforceable without a lawsuit.
Can the rent be paid to my account abroad?
It can, but a Serbian account is more practical for paying local tax and bills. Non-residents can open an account in Serbia; the bank decides whether to open it.
What if the tenant stops paying?
First a written demand with a deadline. If the lease is certified with consent to enforcement, we file for enforcement. Otherwise, a lawsuit.
This guide provides general information and is not legal advice for your specific case. Send us your question for an assessment.
Attorney at law in Belgrade since 2012 and founder of Bogićević & Partners. The office is at Patrijarha Varnave 30, Belgrade; we work in Serbian, English, Russian and Italian.
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