Civil law
Leases and lease disputes
§ 2201, § 2235 et seq. of Act No. 89/2012 Coll.
Residential leases in Czechia are mandatory law: clauses curtailing the tenant beyond the statute simply do not apply. Business premises are the opposite — freedom of contract. Mixing up the regimes is expensive for both sides.
What the law says
For housing the Code strikes out clauses shortening the tenant’s rights (§ 2235): eviction “on a phone call”, circumvention of the statutory termination grounds (§ 2288). The deposit is capped at three months’ rent; the tenant holds rights to repairs and rent reduction.
Business premises (§ 2302 et seq.) live by the contract: term, indexation, termination — as agreed; the statute adds little, including compensation for the built-up clientele on certain terminations. A commercial lease therefore has to be detailed.
How the work runs
For landlords I build a lease that works in the bad scenario: correct termination grounds, handover protocols, meter readings fixed, deposit mechanics. Evicting a non-payer is a procedure — and it is won by documentation started on day one.
For tenants I check the lease before signature and run the disputes after: deposit recovery, unlawful increases, defects, defence against termination. Void clauses are often visible right in the text — they can simply be ignored, but the position is better fixed in writing.
Deadlines and pitfalls
A fixed-term lease renews silently: live in the flat three months past the end without the landlord’s written demand to leave, and the lease runs on (§ 2285). “Self-help eviction” — changed locks, belongings removed — ends in damages for the owner and a criminal-law risk.
Frequently asked questions
The landlord won’t return my deposit. How do I get it back?
The deposit is returned at the end of the lease minus proven debts and damage beyond ordinary wear. We demand in writing, anchored in the handover protocol and photos; on silence, a notice with interest and a payment order follow. Without a protocol the dispute is harder, not hopeless.
Can the landlord raise the rent unilaterally?
Only as agreed in the lease (an indexation clause, for instance). Absent an agreement, the landlord may only propose an increase in writing within statutory limits; if you disagree, a court decides — not an ultimatum. Silence on such a proposal has consequences, so answer in time.
Can the landlord ban pets?
No — the right to keep an animal in the flat cannot be contracted away (§ 2258), though you answer for consequences beyond ordinary wear. A “no pets” clause in a residential lease simply does not apply.
Is a lease without a written contract valid?
A residential lease is valid even without written form — its absence cannot be used against the tenant. Proving oral terms is hard for both sides, though; a written text is cheaper than any dispute.
Is short-term letting like Airbnb a lease?
It is rather an accommodation service: the protective lease rules do not apply, while duties multiply — neighbours and the owners’ association, taxes, guest records. Better not to mix the regimes.
Contact
- Address
- Konviktská 291/24, Staré Město, 110 00 Praha 12 minutes' walk from Národní třída (metro B, trams)
- Phone
- +420 700 000 000
- kancelar@advokatpopov.cz
- Data box
- [data box ID]
- Consultations
- Mon–Fri 9.00–18.00in person, online or by phone — by appointment