How to raise rent lawfully in Czechia: agreement, annual increase clause and a proposal under Section 2249
Three lawful ways to raise the rent for a flat: agreement, an annual increase clause in the contract and a unilateral proposal of up to 20 % over three years. Deadlines and requirements under the OZ and Government Regulation 453/2013 Coll.
Prices are rising, so landlords ask whether they can raise the rent — and tenants ask whether they have to agree. The law sets precise rules, and a proposal lacking the statutory requirements is disregarded.
Rent for a flat cannot be raised by a mere announcement. The Czech Civil Code (Act No. 89/2012 Coll., “OZ”) gives the landlord three routes: agreement with the tenant, an annual increase agreed in the contract, and a unilateral proposal under Section 2249 OZ. Special rules apply after building works that improve the home.
1. Agreement with the tenant
The simplest route is a written amendment to the lease in which the parties agree on the new rent and the date from which it applies.
2. Annual increase agreed in the contract
The parties may agree on an annual rent increase (Section 2248 OZ), typically by the inflation rate published by the Czech Statistical Office. The clause should state clearly by how much and from when the rent increases.
3. Unilateral proposal under Section 2249 OZ
If the parties neither agreed on increases nor expressly excluded them, the landlord may propose an increase in writing, subject to these conditions (Section 2249(1) OZ):
- the new rent may not exceed the comparable rent usual in the locality,
- the proposed increase together with increases in the last three years may not exceed 20 %,
- the proposal may be made only after twelve months in which the rent was not increased,
- the proposal must state the new rent and prove the conditions are met — comparable rent is proven by an expert opinion (posudek znalce) or by documented amounts of at least three comparable rents (Section 3 of Government Regulation No. 453/2013 Coll.). A proposal lacking these is disregarded.
If the tenant agrees, the increased rent applies from the third calendar month after the proposal was received (Section 2249(3) OZ). If the tenant does not state in writing within two months of receiving the proposal that the tenant agrees, the landlord may within the following three months ask a court to set the rent; the court decides on rent up to the level usual in the place and time, effective from the day the claim was filed. The tenant may likewise propose a rent reduction (Section 2249(4) OZ).
Increase after building improvements
If the landlord carries out building works that permanently improve the utility value of the flat or living conditions in the building, or bring lasting energy or water savings, the landlord may agree with the tenants on a rent increase of at most 10 % of the reasonably incurred costs per year; if tenants of at least two thirds of the flats in the building agree, the increase applies to the others too. Without agreement, the landlord may propose an increase of 3.5 % of the costs incurred per year (Section 2250 OZ).
The most common mistakes
- A proposal without the new rent or without proof of comparable rent — it is disregarded (Section 2249(1) OZ).
- A proposal made before twelve months without an increase (Section 2249(1) OZ).
- Assuming the tenant's silence means consent — without the tenant's written consent the proposal does not raise the rent; the landlord can only ask a court to set it (Section 2249(3) OZ).
Don't want to start from scratch? Use a ready-made template
Bilingual template: Czech side by side with English · editable Word + PDF · download after payment