How do you evict a tenant who stopped paying after the lease ended in the Czech Republic?

Short answer

If you have a notarial deed with consent to enforceability, signed while the lease already existed, you can file an enforcement application directly (§ 71b notářského řádu, 31 Cdo 225/2024). If you do not, apply for an eviction order (§ 175a o.s.ř.) after a written notice delivered at least 14 days in advance.

When this situation arises

• •The tenant stopped paying rent and the lease has been properly terminated, but the tenant has not vacated the flat or house.
• •The landlord owns property in the Czech Republic, often as a foreigner managing it from abroad.
• •The lease either comes with a notarial deed with consent to enforceability, or nobody thought of one when it was signed.

What options do you have

Recommended step-by-step process

1. 1.

   Make sure the lease has really ended

   Both routes assume the tenancy has been properly terminated; it is one of the facts you must prove for an eviction order (§ 175a o.s.ř.).

2. 2.

   Check whether you have a notarial deed

   If you have a notarial deed with consent to enforceability, signed while the lease existed, in which the tenant undertook to vacate within a set period, you can file an enforcement application directly with a court bailiff once that period has passed (§ 71b notářského řádu, 31 Cdo 225/2024).

3. 3.

   Send a written notice to vacate

   Without a notarial deed, deliver a written notice to vacate in a way you can prove, at least 14 days before applying for an eviction order (§ 175a o.s.ř.).

4. 4.

   Wait out the period for reviewing the notice of termination

   An eviction order cannot be issued while the two-month period to apply for a review of the termination notice is running, nor until any such application has been finally decided (§ 175a o.s.ř.).

5. 5.

   Apply for the eviction order

   The court decides on the written documents, without an oral hearing (§ 175a o.s.ř.). Attach proof of ownership, of the end of the tenancy and of delivery of the notice.

6. 6.

   Objection or enforcement

   The tenant can file an objection within 15 days of delivery of the order; this cancels the order and the case continues as ordinary proceedings with a hearing and evidence. If the tenant neither objects nor leaves, the order becomes an enforceable title and the bailiff announces the eviction date 15 days in advance (§ 175a o.s.ř.).

What documents to prepare

• •Proof of ownership of the property
• •The lease agreement
• •Proof that the tenancy has ended
• •The written notice to vacate and proof of its delivery
• •The notarial deed with consent to enforceability, if one was signed

Common mistakes

• •Applying for an eviction order less than 14 days after the written notice was delivered (§ 175a o.s.ř.).
• •Sending the notice in a way that leaves no proof of delivery.
• •Applying while the two-month period to request a review of the termination notice is still running (§ 175a o.s.ř.).
• •Relying on a notarial deed signed when no lease existed, or on a duty to vacate based only on protection of ownership, which § 71b notářského řádu cannot cover.
• •Following older articles from before 10. 4. 2024: resolution 31 Cdo 225/2024 is what applies today.
• •Expecting the tenant to be out overnight.

Risks and important deadlines

When it's worth contacting a lawyer

It makes sense to involve a Czech lawyer as soon as the tenant stops paying: they can check that the lease ended properly, prepare a written notice with provable delivery and the application for an eviction order (§ 175a o.s.ř.), or assess whether your notarial deed meets the conditions of § 71b notářského řádu. If you are only now signing a lease, this is the best moment to arrange a notarial deed with consent to enforceability.

Frequently asked questions