Terminating a flat lease in Czechia: notice periods, grounds and delivery

When the tenant and when the landlord may terminate, how long the notice period is, how to deliver the notice correctly and what it must contain. Under the Czech Civil Code.

One missing piece of mandatory information, a notice sent only by e-mail without a signature, or a miscalculated end date — and ending the lease can drag on for months. Here is what to watch out for.

A lease of a flat or house can end by agreement, by expiry of the agreed term or by notice (výpověď). The Czech Civil Code (Act No. 89/2012 Coll., “OZ”) sets strict rules for notice, and a mistake in form or delivery can make the notice invalid or ineffective. Here is an overview of the key points.

Terminating a flat lease in Czechia: notice periods, grounds and delivery

Notice by the tenant

  • Indefinite-term lease: the tenant may give notice at any time without stating a reason; the notice period is three months (Section 2231 OZ).
  • Fixed-term lease: the tenant may give notice only if the circumstances on which the parties evidently relied when concluding the contract have changed so much that the tenant cannot reasonably be required to continue the lease (Section 2287 OZ) — for example, moving to another city for work. Describe the change of circumstances specifically in the notice.
  • If you are not sure the reason is sufficient, it is usually quicker and safer to propose an agreement to end the lease.

Notice by the landlord with a three-month notice period

A landlord of a flat cannot terminate at will, only on statutory grounds. For both fixed-term and indefinite-term leases, under Section 2288(1) OZ these are the following grounds:

  • the tenant grossly breaches the tenant's obligations under the lease,
  • the tenant has been convicted of an intentional crime against the landlord, a member of the landlord's household, a person living in the building or against another's property in the building,
  • the flat must be vacated because, in the public interest, the flat or building must be dealt with in a way that will make the flat entirely unusable,
  • another similarly serious reason.

For an indefinite-term lease, the landlord may also give notice if the flat is to be used by the landlord, or by the landlord's spouse who intends to leave the family household where divorce proceedings have been filed or the marriage has already been dissolved, or if the flat is needed for a relative in the direct line or in the collateral line of the second degree (including the spouse's relatives) (Section 2288(2) OZ). If the flat is not used for that purpose within one month after it is vacated, the landlord must let it to the tenant again or compensate the tenant for damage (Section 2289 OZ).

The landlord must state the ground in the notice (Section 2288(3) OZ) and inform the tenant of the right to object and to ask a court to review whether the notice is justified — without this information the notice is invalid (Section 2286(2) OZ). The tenant may file with the court within two months from the day the notice was received (Section 2290 OZ).

Notice without a notice period

If the tenant breaches the tenant's obligations in a particularly serious way, the landlord may terminate without a notice period (Section 2291 OZ). The law gives examples such as failing to pay rent and service charges for at least three months, seriously or irreparably damaging the flat or building, causing other serious damage or nuisance, or using the flat without authorisation in another way or for another purpose than agreed. Before delivering the notice, however, the landlord must call on the tenant to remedy the conduct within a reasonable time, and the notice must state what the breach consists of — otherwise the notice is disregarded (Section 2291(3) OZ). The tenant must then hand over the flat without undue delay, at the latest within one month after the lease ends.

Note: if the parties disagree about unpaid rent and the tenant deposits the owed (disputed) amount with a notary (notářská úschova) and informs the landlord, the lease cannot be terminated for non-payment of rent (Section 2253(1) OZ).

Form, delivery and running of the notice period

  • The notice must be in writing and must reach the other party (Section 2286(1) OZ).
  • Deliver it in person against a signature on a copy, by registered mail with proof of delivery, or via a data box (datová schránka). A letter sent by post is presumed delivered on the third working day after dispatch, or the fifteenth working day if sent to an address in another country (Section 573 OZ).
  • The notice period starts on the first day of the calendar month following receipt of the notice (Section 2286(1) OZ). Example: the notice is received on 15 March, the period starts on 1 April and the lease ends on 30 June.
  • Keep a copy of the notice and proof of dispatch or receipt.

If the tenant stays after the lease has ended

If the tenant continues to use the flat for at least three months after the day the lease was due to end and the landlord does not call on the tenant in writing to leave during that time, the lease is deemed renewed for the same term, but for no more than two years, unless the parties agreed otherwise (Section 2285 OZ). A landlord who does not want to continue should therefore ask the tenant in writing to leave in good time.

The most common mistakes

  • A landlord's notice without information on the right to go to court — it is invalid (Section 2286(2) OZ).
  • Notice without a notice period with no prior call on the tenant to remedy the breach — it is disregarded (Section 2291(3) OZ).
  • A notice period counted from the day of receipt instead of the first day of the following month (Section 2286(1) OZ).
  • No proof of delivery — without it, it is hard to prove the notice reached the other party.

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