Landlord tenant laws in Czech Republic – Part 1 of 2
In this article on the landlord tenant laws in Czech Republic we will cover repairs, rent increases and cancellation of the contract by either the owner or the tenant.
In the following article on the landlord tenant laws in Czech Republic we discuss damage deposits, alterations to the property, pets, sub-renting, resale, access to the property, utilities, additional occupants, changing of locks, using the property for business and payment of rent.
NOTE: From 01.01.2016 there was new legislation released on the definition and responsibility of repairs. The comments below are based on these latest laws.
The tenant is obliged to conduct all ‘minor repairs’ at their own cost while they are living in the property and before handing it back to the landlord.
Minor repairs are defined as those which can be ranked under 2 major groups listed in government regulation No. 1095/15 (new from 01.01.2016).
The two major groups of minor repairs which are the responsibility of the tenants are:
a) based on the a list of items specifically mentioned in the government regulation
- repair of any marks or damage to walls, flooring (including thresholds and baseboard) and roofs including painting
- repair of sewer and plumbing including faucets, sinks, toilets, showers and bathtubs
- repairs and maintenance of the heating/hot water system, gas or water meters
- replacement of lights, light bulbs, electrical switches, circuit breakers, door bells, home phones, internet, tv and phone connections and sockets, satellite receivers, air conditioners, central vacuum systems, alarms, detectors, etc.
- repairs and maintenance to electrical appliances in the property
- repairs of windows, doors, change of locks including electric locks for flat entrance doors, curtains and curtain rods
b) based on the amount spent on the repair. In each case the repair would be less than 100 CZK/m2/year using the total area of the property and it’s associated parts used by the tenant (ie. cellar space or balcony)
Contracts for a limited period of time (ie. one year)
Unless agreed beforehand the owner cannot increase the rent unless there is a major reconstruction. At that point the amount of increase in the rent is specified in special sections of the civil code.
Contracts without a definite length specified
1. The parties can either, based on § 2248, agree in the contract on the increasing of the rent or they can do it based on § 2249, which says that in case it was not specified in the contract, the owner can propose an increase up to normal market rent in the area. The rent cannot be increased more than 20% within a 3 years period.
§ 2249 article 3 says that in case the tenant agrees with the increase, they should pay the increased rent in the 3rd month after receiving the proposal. If he does not respond to the proposal within 60 days, the owner has another 90 days to submit the matter to the court.
2. The tenant can also propose a decrease of the rent
Cancellation of the contract by the owner
1. The owner can give 3 months’ notice on cancellation of the contract (with or without the contract being of a definite length) based on the following reasons:
- The tenant severely violates their obligations under the lease
- The tenant is convicted of a criminal act against the owner, owner’s family, other inhabitants of the property or the property itself
- It is in the public interest for the property to be vacant (for example, in the case of war)
- In case of other serious reasons (‘serious reasons’ is not defined so interpretation will be up to the courts)
2. The owner can give 3 months’ notice on cancellation of the contract when the contract is for an unlimited period based on the following reasons:
- The owner needs the property for themselves or their relatives (marriage partner, children, brother/sister, son or daughter-in-law or their parents and siblings)
- The property would be used by the owner or their partner, when they have submitted a divorce proposal and want to live separately or the couple is already divorced and one of them wants to live in the property
3. The owner can give 1 month notice on cancellation of the contract when the tenant violates their obligations in a very serious way, in particular by having an outstanding amount of three months or more of rent
Note: For all cancellations above the reason for cancellation of the contract needs to be clearly stated in the cancellation document provided to the tenant.
Cancellation of the contract by the tenant
1. The tenant can cancel a contract concluded for an unlimited time period without reason with a minimum 3 month notice period. The notice period starts from the 1st of the month following the one in which the notice was given.
2. The tenant can also cancel a contract concluded for a limited period but only when their living circumstances have been changed (for example, loss or change of employment, marriage, etc.), unless something else is agreed in the contract. The minimum is a three month notice period. The notice period starts from the 1st of the month following the one in which the notice was given.
As the landlord tenant laws in Czech Republic changed relatively recently, many matters will still need to be decided in court before we can have an exact interpretation of the laws.
Please note: At CZECH POINT 101 we use a sub-rental contract system which falls under a different set of laws than the direct landlord tenant laws in Czech Republic as discussed above. Please contact us for more information in our unique property management services.
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Updated/Aktualizováno: April 10, 2020,