Landlord tenant laws in Czech Republic – Part 1: repairs, rent increases, cancellation

Czech Point 101 April 10, 2020 @ 4:03PM
With the introduction of the new Civil Code in 01/2014 came a new set of laws governing the relationship between owners and tenants with a direct rent contract. We’ve tried to go through the major aspects of the landlord tenant laws in Czech Republic in order to clarify them in plain English.
Landlord tenant laws in Czech Republic changed in 01.2014

A new set of landlord tenant laws in Czech Republic came into effect Jan. 2014

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.

Repairs

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)

Rent increases

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.

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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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305 Comments

  1. Marcela

    Good morning,

    I would like to know which is by the Czech law the maximum time that a landlord has to give back the deposit and the money for the expenses after calculation to the ex tenant.
    If the landlord does not send back anything within 2 months, would it be possible to get in touch with a lawyer?

    Thank you.
    Regards.

    Reply
    • Czech Point 101

      Hi Marcela, Thanks for the comment and question. This was actually discussed in our second blog article on landlord tenant laws in Czech Republic and unfortunately the time period is not defined. Here is point 5 regarding damage deposits:

      5. Unless agreed otherwise, the owner must return the damage deposit minus any valid withholdings . The code does not specify a time period within which it needs to be returned, however it should be as soon as possible. We believe the time period a court would determine adequate would be strongly connected with the condition of the property at turn-over.

      If you believe and have proof that the flat was handed back in good condition then two months seems unreasonable in my mind but I am not sure how a judge would view it.

      I hope this helps,
      Nathan

      Reply
      • Marcela

        Hello Nathan and thanks for your reply.
        The landlord signed a document in which it is stated that the flat is ok and that the full deposit will be returned to me, so I have that prove.
        Since the law does not specify anything, I then must wait trying to push them from time to time.
        I would also like to ask you if you are or have some lawyers at Czech Point 101 which can be contacted in case I would need.

        Thanks again.

        Reply
        • Czech Point 101

          Hi Marcela – so it’s been about 3 months now but you have a turnover document saying that everything is fine? We would definitely would be able to help you with this and I think the first step would be to have a legal letter sent. Please email me at nathan@czechpoint101.com if you would like to give that a try. Nathan

          Reply
          • Gwyneth

            Hi! Our landlords took – I kid you not – 11 months to return our deposit. I had to email them about 30 times and they never answered the phone. Apparently, they had to wait until they had all the electricity/gas bills sorted out so they could subtract what we still owed them from our deposit. I finally got the money back in the end but wow, what a pain…

          • Czech Point 101

            Hi Gwyneth, That is a long wait! It is true that actual consumption in an apartment building is usually only calculated once a year. Typically a landlord may return most of the deposit and just keep a small amount in case actual usage of utilities was much higher than the deposits. Thanks for sharing your experience. Nathan

        • Anneka Thompson

          Good morning, my landlord has increased my rent again from 6 800, to 7200 in the space of 7 months. Can he do this? Thanks in advance.

          Reply
          • Czech Point 101

            Hi Anneka, It depends on the type of contract. Please see the section under the subheading “Rent increases”. Nathan

          • Gabriella

            Dears,
            Thanks for the interesting article. What happens if the building administration account a big reparation expense (water piping to the building) into the maintenance? Is the landlord entitled to ask to the tenant this amount? Thanks

      • Barry Evans

        My landlord has left me without heat or hot water for three weeks. The boiler was condemned by Mistr Plynar (boiler repair company). Herefused to accept that so we had his choice of engineer condemn it two days later. Three engineers visits costing over czk3000 + cost of buying heaters czk1200. We have written to him and he has ignored me (as he always does).
        Can I cancel the contract and demand my deposit back please?

        Reply
    • Haider

      Hey,

      I was just wondering, if you have any information on this, if the landlord has the legal right deny me from having guests over?

      Reply
      • Czech Point 101

        Hi Haider, If you have a direct rent contract (so directly from you to the owner) the landlord cannot deny you having guests over. In fact, you are allowed to sub-rent part of your apartment without needing their consent. This is covered in section 2 on Landlord – Tenant laws. I hope this helps. Nathan

        Reply
    • Ana

      I would like to know if the landlord needs to pay the compensation if he gives less than a month notice(no severe violation from my side).

      Reply
      • Czech Point 101

        Hi Anna, Compensation is not discussed since it is against the law to terminate outside these guidelines. Nathan

        Reply
  2. Chloe

    Hello, I see here that there’s some law for the cancellation of a contract. I’m currently living in a flatshare in Prague, and the owner is trying to kick me (and my roommates) out the flat; The agency that is in charge of the flat told us that it’s because “the owner wants to rebuild the flat” but, since we’re actually living inside and fine with the decoration, he can’t kick us out for this motive?
    Also, we have a contract and none of us broke us. The agency said that the owner “smelled cannabis” inside the flat, so the notification period is reduced to 2 month. But, first none of use smoke cannabis and second it’s not even written in our contracts that we aren’t allow to smoke (even just cigarettes).
    Also, the owner refuse to do some reparations inside the flat we don’t have hot water inside the kitchen, it’s been since my arrival that I noticed this to the agency and they didn’t do anything).
    Can I call a lawyer? I don’t wanna be homeless.

    Reply
    • Czech Point 101

      Hi Chloe, Thanks for your comment and questions. Both the things you stated are not valid reasons for the owner to kick you out. If I was you I would print off the part of the civil code dealing with cancellations and ask him to explain to you which reason he is claiming. I would recommend this before getting a lawyer involved because it could get expensive quickly and only make the owner more difficult to deal with. Nathan

      Reply
  3. Viktoria

    If the owner doesn’t fulfill his obligations under the contract can the tenant terminate the contract without the 3 months notice?

    Reply
    • Czech Point 101

      Hi Viktoria, I would have to speak with our attorney but I imagine this would be possible only if the flat was not livable in (i.e. no running water for extended time, no heating, etc.) Nathan

      Reply
  4. Marlene

    Hello,
    I am about to move out from my flat after 2 years of conflictious relationship with my landlord. When I moved in, I noticed the floor was damaged and discussed it with my landlord but I don’t think it was mentioned in my contract as I made the mistake to trust my landlord. Now I am about to move out he mentioned few times the damage and pretended he never talked about it with me :/ I am pretty sure he will not give me back my deposit and will try to make me pay for it! So I am considering not paying my last rent and give away my deposit (which will fully cover my rent). My landlord is already sending me email to schedule out last meeting to check me out “threatening” that if I don’t sign the out paper I could have to pay “various fines”. Does someone know if this is true? Also considering the fact that my contract ended on December 31st 2015 and he did not make the effort to extend it. So officially I am not renting the flat! What do I risk by leaving the flat without meeting my landlord and letting the deposit cover the last month?
    Thank you very much for your help and good advice.

    Reply
    • Czech Point 101

      Hi Marlene, First of all thanks for writing.

      It is a difficult situation especially as it seems some things (damage to the floor and current rental situation) are undocumented.

      Since you don’t even have a contract at present I believe that the landlord could change the locks on you since you don’t have the right to be using the apartment.

      If by ‘out paper’ you mean a turn-over document, to my knowledge you are not legally required to sign it if you don’t agree with it. However, to challenge his use of your damage deposit you would need to take him to court.

      It is a really messy situation with the lack of documentation and with the fact it seems like your relationship with the landlord has deteriorated so much.

      I am sorry I can’t offer more advice than this.

      Nathan

      Reply
      • Marlene

        Hi Nathan,
        Thank you so much for your quick answer! So I believe that my landlord is in fault here right? It is not legal to rent a flat without a contract isn’t it?

        Reply
        • Czech Point 101

          Hi Marlene, It is not illegal to rent a flat without a contract. If he didn’t claim the income on his taxes that would be illegal. Unfortunately I think you are in the weaker position because you have no proof of having the right to live in the apartment and for what price. Nathan

          Reply
  5. Marlene

    Hi Nathan,

    My brother leaves here in Prague too. Could my landlord annoy him and legally request him to cover “my debts” (meaning if he decides that I owe him some money for the damaged floor, I did not damage by the way)?

    Reply
    • Czech Point 101

      Hi Marlene, If you brother was not a party to the rental agreement (so his name was not on the contract) there would be no way the owner could make him responsible in any way, even for legitimate, provable damages. Nathan

      Reply
      • Alex

        Hi, my landlord wants me to leave because i dint pay for 3 months, but a few days ago i did pay and receive a notice to leave a flat by 31.01.2018
        Is it legal to give that small amount of time?

        Reply
        • Czech Point 101

          Hi Alex, Once there is a three month period of non-payment of rent the landlord needs to give one month’s notice that the lease has been cancelled and tenant must move out. Nathan

          Reply
      • Carlos

        We Have signed a contract un January for one year, but due to the situation we have to leave the country.

        The landlord doesn’t agree with that, and he wants us to pay the full year.

        Is he able to do that?
        Thank you.
        Carlos

        Reply
        • Czech Point 101

          Hi Carlos, It is a difficult situation. So far there haven’t been any court cases to see how a judge would view this. You can look under the subheading for ‘Cancellation of the Contract by the tenant’ to see the existing laws and example reasons for cancellation by the tenant. Nathan

          Reply
  6. Vera

    Hello Nathan,
    My rental agreement was written only in Czech, there is no English translation to it. The real estate agent and the owner of the flat “translated” it to me when signing. They said it has two parts because the first part is about the flat and the second part is about the furniture in the flat. Now I translated it to myself and found out that according to this document I rented the flat and took a loan from the owner which I have to repay in monthly installments. Obviously I did not receive money from the landlord. Is this lease contract valid?
    Thank you for your help!
    Regards,
    Vera

    Reply
    • Czech Point 101

      Hi Vera, Thanks for your comment. This is a terrible situation when trust is abused.

      Unfortunately I don’t think there is a law stating that a contract must be translated into the language of the other party.

      It is strange that the agreement is structured as a loan but the owner might have done it for tax purposes. I am not sure if it would be valid or not. Our legal team could look at it but their hourly charges would apply.

      I am sorry I don’t have better news for you in this case.

      Nathan

      Reply
  7. Elisabeth

    About repairs/maintanance

    1) Is the law above the contract?
    I have a contract stating minor repairs up to 1000 Kc are to be paid by tenant, above 100 Kc by the landlord (of course if the damage is not the fault of tenant).

    2) Anything in the law about normal wear and tear? F.i. you rent a fully renovated apartment for 10 years, after those ten years of course it is not newly renovated anymore. Are you obliged to paint the walls, redo flooring etc. upon cancelling the contract.

    Is the law above

    Reply
    • Czech Point 101

      Hi Elisabeth,

      Thanks for your questions. Our legal team had the following comments on your two questions:

      “1) The contract cannot go against the law, however it is possible that the landlord and the tenants agree differently and if the law does not strictly forbid it, it is allowed as long as it goes hand to hand with the spirit of the law. There is a new regulation of small repairs and regular maintenance – No. 308/2015, which specifically says under §5 that the minor repair is a such repair that is either lower than 1000 CZK or the one listed in §4, where you can see a list of minor repairs.

      2) Based on the §2 the tenants is responsible for regular and thorough cleaning, painting, etc. This means that the flat should be newly painted before turn over to the owner. However the floors are a bit different thing. After 10 years of usage it will for sure not look like a new one and the landlord does not have any right to charge you the costs of the new floor unless the floor has been severely damaged. ”

      I hope this helps! Nathan

      Reply
  8. Theo

    Dear Nathan,

    My question: Can the landlord raise the rent, and ask for the start of the raise 4 months before, without informing me about it before?

    Situation:
    I have lived in a flat in Prague since end January 2015. Last January (2016), me and the landlord renewed our contract with the same rent conditions. This week, the landlord informed me he wants to raise my rent by 20%. However, he says he interprets it as starting from the beginning of the new signed contract, End of January. This means I would have to pay additional rent from last February on, so 4 months extra then I expected. Is this allowed?

    Thank you in advance for your reply.

    Regards,
    Theo

    Reply
    • Czech Point 101

      Hi Theo, As written in the section above on rent increases, if you have a rent contract for a definite period of time (i.e. 1 year) they cannot raise your rent unless a major reconstruction takes place. Certainly they could not ask for retroactive payment if it is not in the contract. Nathan

      Reply
  9. Sue

    Hi, I have a question about termination. According to my lease, I can give 3 months’ notice in writing Does email count as ‘in writing’?

    Reply
    • Czech Point 101

      Hi Sue,

      Unfortunately an email is not normally accepted in the courts as ‘written’ notice or proof. The only situation where this would not be true is if there is an electronic signature installed beforehand by the receiver. However, with hacking and email spoofing it is hard to prove in court that an email was sent and received by the relevant parties.

      The absolutely most secure is to send the notice via registered mail where you as the sender receive proof that the recipient received the letter. In Czech it is called “doporučený dopis s dodejkou”.

      I hope this helps.

      Nathan

      Reply
    • Tinoy James / Anna byzovova

      Hi my name is tinoy James , I’m trying for temp residency in Czech Republic to live with my Czech wife and two Czech born daughter’s . I flew from Canada with all three of us , quit my job in Canada and am waiting temp residency , upon getting residency I have job for end of February. However for reason unknown the land Lord of this apartment (not building owner ) will not give the proof of part ownership of this building (proof she owns this apartment.) Our contracts have been signed . However on contract she says she will not accept permanent residence , however before leaving Canada we said I will be going for temp residency. Now she is unwilling to provide the proof she owns this apartment we’ve been renting for the last month.
      This action of hers is putting my work in danger , and preventing me from applying for temp residency.
      I know legally she has to give it to me , however she is refusing and saying if you don’t like , you can leave. She also is unwilling to give us her bank info so we can send her rent , she will only accept cash , and will not provide a reciept. I have video evidence of our encounter last night .
      Now i know she legally has to give me the proof she owns the building so I can get my residency, I also know it’s illegal for her to not accept permanent residence based on the premises .
      My question is, can I sue her for wages lost in Canada and in Czech (as this prevents me from working ) and can I sue her for the cost of my plane tickets to Czech as the agreement via email was made before we flew to Czech republic.
      Our contract is to stay for six months as it stands , we are legally married in Canada and in Czech Republic and we have two Czech born children.
      What should I do since she refuses to give us the proof of ownership after we have lived here for a month , have signed the contracts with both our names on it. She is also withholding key to the downstairs storage .
      Her excuse was she has had bad experience with immigrant from Bulgaria .

      Reply
  10. Burak

    Hello there. I signed a contract with my landlord on 4.June.2015 for 1 year (11,900 czk rent + 2,420 czk utilities). In April,I told him that I would like to extend my contract and we verbally agreed on it. Then in May,I reminded him again about the extension of my rental agreement and he said ‘ok’.

    On 27th of May 2016,he told me that the new rent will be 15,000 czk rent + utilities and he told me that I have a deadline until 5th of June 2016. Can he do this legally? Wasn’t he supposed to let me know in advance regarding the rent increase?

    Reply
    • Czech Point 101

      Hi Burak, This is very unethical of him not to have told you that the renewal would be connected with a rent increase. However, if your contract is for a fixed length (ie 1 year) he can raise the rent for as much as he chooses before concluding another contract.

      You can try negotiating with him because if you are a clean, careful and regularly paying tenant he also doesn’t want to lose you. Every time a landlord gets a new tenant they are taking the chance that they will get someone who stops paying rent or damages their property. So don’t forget that you have bargaining power too. Unfortunately though, you would need to be prepared to move out if terms can’t be agreed.

      Nathan

      Reply
      • Burak

        Hello Nathan! The thing is why current contract clearly states that he should have notified me in writing 45 days in advance in case of a rent increase or not extending the contract. He told me 10 days before my contract expires and told me that I either pay the new rent or I have to move out.

        Reply
        • Czech Point 101

          Hi Burak, I would need to see your contract to advise you on that if something other was agreed than what the law states. Nathan

          Reply
          • Burak

            is there any way I can send it to you?

          • Czech Point 101

            Hi Burak, Our legal team can look at it for you but the rate is 1895 CZK/hr + VAT. We would ask for a deposit of 1/2 hr to get started. If you wanted to go ahead with that please email me at: nathan@czechpoint101.com.

  11. Sean

    Hi,

    I moved in to an apartment with two flatmates in March this year. We had to pay the a deposit to the landlord and an agency fee to the agent we used. Our work offered to lend us this money and that we could pay the money back over time.

    However, I wanted to quit the job shortly after and quit. I got into my Masters and wanted to be honest about the situation. I offered to stay until August and work but the company said it would be better if I stopped straight away. There was no contract of the loan from our employer and I did not hear anything from my the employer after that I quit.

    Now, three months later the agency has contacted me and says I have to pay the agency for the three of us (my flatmates and me) straight away. Apparently the company has put the loan for the deposit on my two flatmates who still works for the company. The company never paid the agent and has rearanged the loan so that it looks like I never borrowed any money. Maybe they were scared that I would not pay them back. Anyway, the agency fee for the three of us was not paid by the company and there is no contract stating that we have to pay an agency fee in the first place.

    I have tried to deal with the agency and ask them if I can pay the money over time. I do not have that money right now and cannot pay straight up. What is the worst that can happen? I am totally happy to leave the apartment to another tennant if that could solve anything but I do not want to get taken to court and I do not want to get my flatmates into trouble. I will move to another EU country in about a month to study my Master. Could the agency sue me if I leave the country and could my flatmates get into trouble?

    Like I said earlier there is no contract stating that we have to pay an agency fee. But I want to be fair and pay what I should pay. it is just that I do not have the money.

    I am looking forward to your reply. Thank you i advance!

    Reply
    • Czech Point 101

      Hi Sean, Thanks for your email and question.

      It is standard in Czech Republic that real estate agencies get paid one to one-and-a-half months rent as a fee to the tenant when the tenant moves in. However, I think the agency would have no recourse in this case if nothing was signed by you or your roommates regarding this fee.

      If you decided to pay it would be first advisable to double-check that the company did not pay this as I wouldn’t put it past a real estate agent trying to collect the fee two times.

      I hope this helps. Nathan

      Reply
  12. Daniela

    Hi, I was renting apartment for 3 years. The contract was in Czech language. The rent was 13.500 CZK plus 3000 CZK for bill which should be evaluated on yearly basis. In the contract are mentioned services which should be covered by 3000 CZK. While I do mot speak Czech by case one friend of mine was able to see that I am paying too many “services” which according to low can not be charged on me (let say building management, reparation of roof and so on). While I was in the process of ending my contract I have mentioned that to the landlord and he only comment : Wow, you are complaining about that at the end of our contract! I have done recalculation, he has inspected and accepted apartment back. Now is almost a month, he is neither paying back my deposit, neither the money I paid over (I have all bills, for each year), neither responding to my emails or calls. What I can do (if I can) in such cases? He has more than 30.000 CZK of my money. Thanks.

    Reply
    • Czech Point 101

      Hi Daniela, That is a terrible situation. Actually the next article in the series covers damage deposits and calculation of utility usage.

      Utilities are supposed to be calculated according to code 67/2013. Here is the link to the law although it is only in Czech: https://www.zakonyprolidi.cz/cs/2013-67.

      With regard to the return of your damage deposit there is, unfortunately, no specific time specified in the law that it has to be done within. It says only ‘as soon as possible’.

      I hope you have a turnover document done which shows the condition of the flat when you moved in and when you moved out. If everything is ok with the condition of the flat I believe that over 2 months would be considered by the court to be an unreasonable time period.

      The next step I would recommend for you would be to get an attorney to draft a letter to the owner to put some pressure on them.

      I hope this helps. Nathan

      Reply
  13. Danijela

    Thank you Nathan. Yes, I have documents showing the stage of apartment, I have documents about paying my bills, my rent, my deposit. Do you know where I can find some attorney willing to write such letter? Thanks.

    Reply
    • Czech Point 101

      Hi Daniela,

      My personal advice if it’s only been a month so far is to wait another month but keep phoning and emailing your landlord, even if he/she doesn’t respond. It shows you are serious and you’re not going to let them run away with your deposit.

      If you want, after that, our legal team can look at it for you but the rate is 1895 CZK/hr + VAT. We would ask for a deposit of 1/2 hr to get started. If you wanted to go ahead with that please email me at: nathan@czechpoint101.com. Nathan

      Reply
      • Danijela

        Hi Nathan,
        your advice to put more pressure is look like working. Thanks for such suggestion. Just one more question, if you rent apartment for 3 years, and at the moment you are leaving apartment, it is clean and does not require any painting. Can in that case landlord charge you for painting? Something like special amount per month per m2 for a period of 3 years? I have a document in which no painting is mentioned in the moment I was leaving apartment. Thanks.

        Reply
        • Czech Point 101

          Hi Daniela, I’m glad you are getting some progress. The law regarding painting is in the section above on ‘Repairs’. Hope this helps. Nathan

          Reply
  14. Sasha

    Do these new laws affect people who signed their lease prior to the law going into effect? It seems to me like it should not… I moved into my flat four years ago and have taken excellent care of it. Now my landlord says that I have to pay to paint the flat. I don’t think that I should have to, because I don’t see how this law can apply to me retroactively.

    Reply
    • DOtradovec

      Hello Sasha, thanks for the question. It is true that most of the laws do not apply retroactively. However, concerning painting even the old law stated that it belongs among common care of the apartment. You can check our Blog article on this topic – https://www.czechpoint101.com/cs/co-vsechno-musi-platit-najemnik-vlada-definuje-co-je-bezna-udrzba-bytu/ (in Czech). Well, it means for you now, that you should discuss the matter with the owner and try to prove, that the walls are clean enough and are not in the worse condition than in the time you moved in. I hope this helps. Dušan Otradovec

      Reply
  15. Oleksandr

    Hello.
    I am an exchange student at Tomas Bata University in Zlín, accommodated in the universitie’s Halls of Residence for the period of seven month.
    This is my last month here and three days before (August 1st) I received the notice that due to the breach of Halls of Residence Rules (it was not specified which ones, but I assume that it has something to do with leaving a big mess in my room while I was traveling) my contract is terminated and I have to leave the dorm in five days. Obviously, this period is not enough to find a new accommodation, but it is all according to the contract: “the period of notice is five days and starts to run on the day following the day on which the notice is delivered to the resident”. I got suspicious if it is legal to cancel my accommodation in five days, and now I found this article. So tell me, please, are the law, mentioned above, and the rule of three month notice applicable in my case? If yes, which document has greater power, the contract or this law?

    In the notice it is also stated that I have to pay all the remaining amount (the payment for the last month that started on the day I received the notice). And according to the contract, “the deposit amounting to CZK 1500 will be used to offset claims, i.e. amounts owed by the resident”. Moreover, today I received an email that I have to pay CZK 300 of penalty (the reason was not stated). Therefore, if I’m not mistaking, I will first pay the penalty for breaking the rules, then pay the whole amount for the month I will not spend here and then my deposit will be used to offset the amount which I have just paid. Tell me, please, if there is something I can do with this and if I can refuse to pay any of these amounts.

    I would be really grateful if you could advice me something on this matter and tell me what are the best actions I can (and should) take.

    Thanks in advance

    Reply
    • Czech Point 101

      Hi Oleksandr, Thanks for your message.

      We have really never dealt with student accommodation before and I’m not sure if it falls under the same landlord/tenant laws as the rental of a house or apartment. If it does, for sure they are not acting in accord with the laws.

      The next step for you would be to get an attorney involved but with the typical cost at around 2000 CZK/hr + VAT it would probably not be worth it for you.

      I am sorry I don’t have more information with regard to student accommodation.

      Nathan

      Reply
  16. Stephan

    Hello,
    We have been living in a flat since 2 years without any trouble. We decided to extent our contract for 2 years more. Than our living conditions changed, my wife has to live in Poland for business and I changed my working conditions.

    Now we would like terminate our contract and notice him 3 months earlier but our landlord said we have no right by the lease of agreement or CZ law to do so.
    Is it true ?
    My current agreement has not any break clause so for this reason i can not end my agreement or what ?

    There is only way to leave flat that He is offering us a mutual agreement that he will keep all deposite and end the contract.

    I am looking forward to hearing from you.

    Stephan

    Reply
    • Czech Point 101

      Hi Stephan, Thanks for writing me. It is too bad the landlord is not giving any concessions if you have been good tenants for a couple years.

      The law does state that when a contract is concluded for a definite period (which it sounds like is the case in your situation) the tenant can only give notice when there is a major change of living circumstances (ie. marriage, loss of job, etc.). I believe the question in your case would be whether you made a voluntary decision to change your living circumstances or whether it was forced (loss of employment/income in CR).

      I hope this helps.
      Nathan

      Reply
  17. leona

    Good afternoon . I really hope for your professional advice. My story is that I rent an apartment and once electricity in the building went down and all the electric devices turned off. I gave an immediate notice to my landlord as the fuses had blown and after that the fridge stopped working due to this reason. It was confirmed by my landlord that the fridge can’t be fixed and so they replaced it. Obviously it was not my fault as the device broke because of the sudden “power cut”. Nevertheless they ask me to pay for the new purchased item. Which to me is a complete nonsense as I didn’t break it. They said that since the device is situated in the apartment I rent and something happens with it inside the house and even If it is not damage caused by me – I have to pay for it. They also say that since my contract says that I have to return the apartment in the same state It was when I moved – I have to pay for a new device even if I didn’t break it. Please help! I thought maybe I could object with a specific law. Many thanks!!

    Reply
    • Czech Point 101

      Hi Leona, Thanks for your email and question. You should not be responsible for a major repair like this. Here is a discussion of the new law that came into effect in 2016 that you could print and take with you. I hope this helps. Nathan

      Reply
  18. Lau

    Hello

    I have limited contract. According to contract the energy cost (water, heating) which is paid with rent is calculated every year and after the billing of service landlord should inform tenant in 30days. Unfortunately the landlord did not send any billing or any information about the energy during the past two years. Is landlord must pay overpayment after calculation in every year?l would like to terminate contract, is it a reason l can claim? Thank you very much

    Reply
    • Czech Point 101

      Hi Lau,

      Thanks for your question.

      You should formally write the landlord asking for the utility calculations for the last two years. The absolutely most secure is to send the request via registered mail where you as the sender receive proof that the recipient received the letter. In Czech it is called “doporučený dopis s dodejkou”.

      I don’t believe that the owner hasn’t provided this to you is valid reason to withdraw from the contract.

      I hope this helps,
      Nathan

      Reply
      • Justin

        Hello. I would like some help concerning my previous flat. I rented a flat until sometime in 7 July 2017. Today 4. March 2020 my landlord wrote me that I owe heating of about 2900 czk. I am surprised how come it took this long for her to write me about this debt. My question is what should I do with this because I handed the flat back almost 3 years ago. Thank you for you help

        Justin

        Reply
  19. Viki

    Hi Nathan,
    I am about to cancel my lease (defined period) as I am moving out of the country. The lease do not stipulate whether the cancellation letter has to be in CZ or can be in English as well.
    Also, I want to make sure my notice period starts from the 1st of September. What if my landlord is on holiday and he only returns after the 31st of August – can he claim that he did not receive it on time? Can I scan the letter I am about to send and email as a security measure?
    Sorry about all these questions, your advice is much appreciated! Viki

    Reply
    • Czech Point 101

      Hi Viki, Thanks for the comment.

      Please be sure to read the section above about reasons that a defined period contract can be cancelled by the tenant.

      The best would be to send cancellation via registered post so that you have the sending date. If you can also send it via email that would be best.

      If the landlord understands English then this is adequate.

      I hope this helps.
      Nathan

      Reply
  20. deniz

    Hi

    What would happen if i stopped paying rent for my apartment. except that the owner would keep deposit.
    the contract is on fixed time.

    Could landlord make us pay, what would happen legally.

    Reply
    • Czech Point 101

      Hi Deniz, Thanks for the question. Yes, the landlords can pursue you legally in Court for the remaining amount on the rent contract. This court decision can also be enforceable quite easily within the EU, although I’ve never seen a Landlord actually do this. Nathan

      Reply
  21. Aamir

    what if landlord demands he needs 1 more deposit just before 2 weeks the contract getting expired as his sofa is got old by using it for 2.2 years and minor damage to the wall edges and few marks on painting of wall.
    Also is it owners repsonsibility for painting every 2 years?

    Reply
    • Czech Point 101

      Hi Aamir, Please see the section above on ‘Repairs’. Minor repairs including repairing the wall and painting are the responsibility of the tenant. If you have paid the full damage deposit in the contract the owner does not have the right to ask for an additional payment without your agreement. Nathan

      Reply
      • Aamir

        Thanks Nathan, do tenant has the right to change the shade of the color of the house provided he is living in the house over 2 years?

        and from your above reply it is not clear that i need to pay the money or not which he asked me now.

        What can he do if i don’t pay extra 1 month deposit he is asking for.?

        Reply
        • Czech Point 101

          Hi Aamir, If a tenant changes the color of the walls during their stay they need to return it to the original color when they leave. The length of the contract doesn’t make a difference.

          If the owner wants more money than in the damage deposit they would need to sue you in court and prove that the damages were caused by you.

          I hope you had a turn-over document signed which showed the condition when you moved in.

          Hope this helps.
          Nathan

          Reply
          • Aamir

            Hello Nathan,

            No there was no contract signed by me in which i saw pictures.

            now he is renovating whole flat and wants me to bear all cost which is in 100s of thousands. i dont know what to do.

  22. anon

    I have been living in an apartment for 4 years with a verbal agreement from the property owner. Since my lease was not written do I have tenancy rights? The owner is threatening to remove my items and rent my room to someone else. But he only gave me 1 week to move, rather than the usual 3 months. Has he got any legal permission to enter my room and steal my stuff?

    Reply
  23. Mea

    Dear Nathan,
    Thank you very much for your valuable advices.
    I need your advice as well.
    Are the 6 months rent contracts valid?
    When I read the first draft of contract , the contract was valid for six months. I told to the real estate agent, that I am not interesed in short term contract . She told me that for the owner is not a problem to have LT agreement as well. But when I signed the contract it was still valid for 6 ‘month but they have added a paragraph similiar to this – In case the both the landlord and tenat are satisfied with each other the contract will be extended.
    The landlord for sure was sadisfed from me because i was paying the rent 7 days before the date of payment, I was taking care of the apartment very good and never had any complain from him. On the 5th month the Landlord told me that will not extend the contract , because he was moving there again.
    I found out that he needed to rent the apartment only during summer, because he would live in his cottage and for winter to move back to his apartment.
    Is this legaly accepted ?
    Looking forward for your response.

    Reply
    • Czech Point 101

      Hi Mea, A limited time contract can be agreed for a six month period. It is up to agreement between the owner and tenant. It sounds like you met a bad owner though who mislead you about their intentions. Better to find an owner who appreciates you as a tenant. Nathan

      Reply
  24. Víctor

    Hi, could you help me?
    I have a rental contractual for a year. But I have to go back to my country due to a job oportunity.
    I couldn’t advice my landlord with three months because I couldn’t know.
    Now she says I have to pay her for those three months. But in the contract it is not specified (only says I have to tell her with 3 months), and she never told me.
    I find reasonable that she keeps the deposit.

    Reply
    • Czech Point 101

      Hi Victor, First we should discuss cancellation of your contract.

      If the reason you cancelled your contract was because of losing your job in Czech Republic then this is a valid reason. However, if your reason was that you got a better or more interesting job offer in your home country then you can’t legally end your contract.

      In any case, yes, the notice period is three months and during this three months you must pay the rent.

      I hope this helps. Nathan

      Reply
  25. Elli

    I have been renting an apartment for 4 years. The contact expired at 30 November. Does this mean that I can now leave anytime or do I still have to give 3 months notice period to my landlord?

    Reply
    • Czech Point 101

      Hi Elli, If you have a fixed term/length contract, there is no notice needed if you leave at the end of that term. Nathan

      Reply
  26. CE

    Hello,
    The contract of my house is for 2 years but unfortunately I will have to end it earlier because I need to go back to my country. I will end it after one year of being here and I will make sure that I notify my landlord 3 months before I leave. I am just worried he will make me pay the other year or any additional fees because of the cancelation… Can he do that?

    Reply
    • Czech Point 101

      Hi CE, Thanks for writing. If you had a fixed length contract the only legal reasons you can cancel as the tenant are ‘when living circumstances have changed for example, loss or change of employment, marriage, etc.’. So potentially he could ask you for the full amount unless you could prove a serious reason why your living circumstances have changed. Hope this helps. Nathan

      Reply
  27. CE

    Thank you for your reply. I will drop off University because of some health problems so I will return to my country. Does that count as change of living circumstances?

    Reply
    • Czech Point 101

      There is not a definition covering all situations. If the owner did not agree that you situation qualified he would need to sue you in court and the judge would decide.

      Reply
  28. Laura

    Hello
    My landlord doesn´t want to repair one of the bathrooms even though it was broken when we came here. He says we have to pay to fix it.
    He didn´t gave us any receipt of payment. We told him we have bed bugs in some of the rooms and he says it is not his problem.
    He didn´t gave us a copy of the contract.

    What can we do?
    Than you

    Reply
    • Czech Point 101

      Hi Laura, Thanks for the email and question. Unfortunately, without documentation like a contract or turn-over document you are in a weak legal position. You first step would be to try to get a copy of the rental contract. Nathan

      Reply
  29. Nienke

    Hello, can you help me with the following?
    Our heating didn’t work, so we asked for a repair.
    The broker came over and put on our heating, told us it was working and left.
    It was indeed on, but either because of a leakage or because it needs to be cleaned, it didn’t gave any heat.
    So we e-mailed the broker again and then we bought an electric heater.
    We gave notice that as long as the heater wasn’t fixed we wouldn’t pay for extra electric costs regarding our electric heater.
    The heater did not get fixed and we are now leaving the apartment within a month.
    But we have received a letter from the electricity company, where we didn’t even sign a contract since we directly pay to the landlord, that we need to pay 5000 crowns extra.
    What are our rights regarding this matter?
    We had horrible winter because we didn’t have heating and they did not fix it at all.
    The apartment is lacking proper care by the landlord and now we have to pay extra for it?

    Thank you in advance for your answer,
    With best regards,
    Nienke

    Reply
    • Czech Point 101

      Hi Nienke, This is a very complicated situation. It seems for sure that you will not be responsible to the electrical company if you didn’t sign a contract with them. Tenants are normally responsible for the upkeep and limited repairs on the heating system but if it didn’t work from the start and you have documented correspondence with the landlord I can’t see how you would be held responsible for that. Without heating a flat is not in livable condition. You may have to get a lawyer involved if the owner tries to pursue you for rent or heating costs. Nathan

      Reply
  30. Lucas

    Hi there, the information here is really valuable. So I am leaving the country. I signed a lease agreement in 2011. In that lease agreement the notice period for cancelling the lease was stated to be 1 month long which would start on the 1st day of the next month. Now that I am attempting to leave the owner claims the new laws mentioned in your article requires it to be 3 months starting on the 1st day of the next month. Is that really true that the 3 month termination clause will be enforced or should the original lease agreement termination clause time period remain in effect? Thanks!

    Reply
    • Czech Point 101

      Hi Lucas, If you agreed a one-month notice period and the contract is clear and valid then the three month notice period in the law does not apply. Nathan

      Reply
  31. David Noblett

    I signed a six month lease in December, my landlady is now trying to end the contract one month prior to the agreed date as she has said that she needs the flat for her family who will be staying for that period. Under the ‘Cancellation of the contract by the owner’ section I see that she is unable to do so, therefore thank you on clarifying the situation. I wondered if there are any situations not outlined in that section that give the landlady the right to cancel the flat at such short notice?

    She has also entered the flat 3 times (to our knowledge, we suspect significantly more) without our permission. This clearly violates the ‘Entering the property – repairs, viewings and inspections’ section, as each time it appears her main reason to enter the flat was to snoop on us. What restitution is reasonable to expect from the landlady committing such a breach? Would 50% of the rent for each of the months she breached the term be a reasonable request? Or does her entering on those months fully remove our obligation to pay the rent?

    Furthermore several of the conditions such as ‘not owning pets’ and restricting us from subleasing the property have been specifically prohibited in the contract that we signed. Does this affect the validity of the contract?

    Thanks for your help.

    Reply
    • Czech Point 101

      Hi David, Sounds like you’ve got a bad landlady.

      The current laws state that one month’s cancellation notice is possible only when the tenant violates their obligations ‘in a very serious way’. Since moving in of relatives is only a reason for cancellation of a contract concluded for an unlimited time I can’t see it being a valid reason for cancellation of a six month contract and particularly not valid for a one month notice period.

      If there are not exceptions stated in your contract and there were no emergencies (leaking pipe, fire, etc.) in the flat then she had no right to enter the apartment. In such a case I don’t think there is a fine but it may possibly be classified as a ‘break-and-enter’ so you could phone the police. You also have the legal right to change the locks and not provide her with a key so this could be a simple solution.

      If there are parts in the contract which violate the new civil code it doesn’t make the whole contract invalid. However, if you did sub-rent or get a pet she couldn’t cause problems for you even if stated otherwise in the contract.

      As it sounds like your contract ends shortly it would be very advisable to document everything carefully as you will most likely have a problem getting your damage deposit back.

      I hope this helps.
      Nathan

      Reply
  32. James

    Hello, I’m writing as a landlord, not a tenant, and would appreciate very much your advice.
    My tenant signed a one-year contract on the 1st January 2017. On the 31st March, she informed me by e-mail that she would like to move out (because she purchased a dog and found a more appropriate flat for them).
    I have already found new tenants and they should sign a contract on 18th April.
    She hasn’t paid me April’s rent yet, obviously because she’s counting on me taking it out of the caution money (I took 2 months’ rent as a bond).
    The problem is that I prepared a closing contract stating that she will pay me up to the end of April and I will return one month’s rent. She wrote to me that she doesn’t agree with this and wants to pay only up to the 18th (about 7,200kc instead of 12,000kc).
    Am I entitled to insist on the full month’s rent? A friend told me that I am actually entitled to claim three months’ rent even though I already have new tenants, but I was willing to accept payment to the end of April as a peaceful compromise.
    Many thanks in advance.
    James

    Reply
    • Czech Point 101

      Hi James, If you concluded a contract for a definite time period (ie. one year) then the only reason the tenant can cancel from their side is “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. ” A dog is not valid as a change of living circumstances as the law allows them to get a dog without permission from the owner. Whether you want that or not is another thing.

      Yes, the notice period is 3 months so she should be happy if you are offering her to exit after two months and for a non-valid reason.

      Hope this helps,
      Nathan

      Reply
      • James

        Hi Nathan, thank you so much for the fast reply! I’m very happy to have discovered this website.
        So, just to clarify; the fact that I found new tenants within the three-month notice period doesn’t remove her legal obligation to pay the full three months’ rent (even if she’s not living there for the whole three months). Is that correct?
        Happy Easter
        James

        Reply
        • Czech Point 101

          Hi James, As long as you didn’t make an agreement with the exiting tenant for something different then they are obligated to give three month’s notice. If they turn the keys back to you before the three months my understanding is that you can re-rent the unit. Nathan

          Reply
          • James

            Okay, great. Once again, thank you Guru 🙂 No more questions!

  33. Denis

    Hi guys,

    In a bit of trouble now, hope you can provide some advice.

    I’ve been living in this flat for 2+ years now and my contract is for 1 year but has a clause that unless parties cancel it – it automatically gets prolonged.

    Now 3 months before the expiry landlord called and asked if we want to continue staying there, we did so he said it’s fine then.. no need for anyone to do anything.

    This week he called and said he needs me out in 10 days. He claims he has good reason and experience kicking tenants out this way and we should just find a flat and move. He came and inspected the flat, pointing some stains on the wall, very minor damage and said he will send a ‘vypoved’ and we need to move by the end of the month.

    Can there be any claim in the contract that would grant him this kind of authority? What course of action would you recommend?

    Reply
    • Czech Point 101

      Hi Denis, you would need to look at the contract’s wording on the automatic extension. If you only agreed verbally that it would be prolonged and didn’t get anything in writing, that would be hard to prove. Otherwise, cancellation by the owner would only be valid by the reasons given above. Sorry this is probably not much help but you would really need to look at the wording in the contract. Nathan

      Reply
  34. Julie

    Hi, I lease a building for an accomodation which contains 20 rooms from 3 years ago. My contract is till 28.02.2019 but i would like to cancel the contract in next year 28.02.2018. According to the law, I can cancel the contract if I notice now. But if the landlord refuse me, is there any solution of this problem?

    Thank you.

    Reply
    • Czech Point 101

      Hi Julie, it sounds like you have a fixed length rental contract. The question would be whether it is a residential or commercial contract. In the case it is residential you can only give three months notice on the contract if there is a serious change in your living conditions such as loss of employment, marriage, etc. It would be necessary to have a look at the entire contract in order to advise accurately. Nathan

      Reply
  35. Bimi

    Hi,

    I am leaving my apartment at the end of October and my lease is until the end of December. I gave very short notice (1.5 months) but I offered to find a replacement (we agreed verbally about that at the beginning of the contract 2 years ago). The landlord now has an agency helping him and they found already a replacement and the new tenant has paid 1 rent for agency fees / reservation. New tenant is moving in day 1 of November so the landlord doesnt lose anything. In fact he makes more because he will increase the rent for the new tenant. They are about to sign the final contract but havent done yet.
    What bothers me is that now the landlord (via agent) asks me to pay 1 month penalty (like he is making me a favor and not making me pay the full 2 months remaining in the contract) while he has a new tenant replacing me day 1.
    The agent told me some excuses that the landlord wants to cover his extra costs I caused him leaving early like renovation and paint (I dont know what this has to do with leaving early and agent told me apartment is good and I dont have to pay anything since there is nothing beyond just normal wear and tear) and communication costs with agency (When i signed the contract there was no agency plus the new tenant has paid agency fees already).
    Not only he didnt keep his word but to me it sounds like profiteering. I am telling them that they found a tenant to replace me already why they ask me for penalty? They use the contract to rip me off but but on the other side what if I finally use the contract against them and tell them last minute I am not leaving unless they return the deposits and I pay no fee?
    -I actually thinking to offer them around 3000 CZK as a mini penalty covering the minor damages (they told me there is none)-

    Reply
    • Czech Point 101

      Hi Bimi, Thanks for your comment. It definitely sounds like a dirty trick from the landlord if something was agreed verbally but then something else is being done. Of course, it’s always best to get any agreements down in writing otherwise it becomes a he said/she said discussion. Nathan

      Reply
  36. Alex

    Hi,

    I have a question, I lost my key on holiday, and after we were back we tried for 2 weeks to contact our landlord to replace them. When after 3 weeks we finally met, apparently the key couldn’t be replaced so the complete lock had to change.

    Since we needed copies, we simply asked the guy to make them for us which he did after which our landlord got furious and told us that she will get us deported kicked out of the country and she would go to the police for that.

    After she calmed down we said ok we will call a locksmith to replace the doorlock, but she said that she arranged someone already to do so since it are special locks(Mul-t-lock).

    She now called back that the repairs to the lock will cost 6.5k kc(she prolly took the most expensive option she could find).

    Now my question is, do we need to pay all these costs(and if not why not?). Also yes its shitty I lose my key, but I can’t really help it that apparently no more copies were allowed, is it then fair we have to pay for a replacement lock?

    I don’t want to get into another massive fight with the landlord because she is very abusive(especially to my girlfriend) and threathning. We talked with the previous tenants and they had the same problem with her(plus they never had their kauce back).

    I like the apartment and want to stay

    Reply
    • Czech Point 101

      Hi Alex, Thanks for your comment and question. It seems like a very crazy situation and 6,500 CZK is too much for a door lock. Normally they can be replaced for around 1,500 CZK. As the tenants you are required to return the apartment to original condition when you leave minus wear and tear. If the landlord replaced the lock with a higher quality lock than was previously in the door you should not have to pay the difference. It is also very strange for there to be a lock where the key cannot be copied unless the landlord lost the card which allows copies to be made. For sure you should ask for the receipt because asking for receipts and paying based on received receipts keeps a landlord honest.

      It is also your right as tenant to change the locks on your door and there is no obligation to inform the landlord or provide them with a key (see section on ‘Changing of locks‘ in Part 2 of this article series). However, that information doesn’t help you if your landlord has already changed the locks.

      I hope this helps. Nathan

      Reply
  37. Nonas

    Hi, I have some simple questions: Is it legal to sublet the apartment? If not, am I allowed to host anyone I want in my apartment and without me being there? Hosting but not subletting. Supposedly my friend.

    Reply
    • Czech Point 101

      Hi Nonas, You are allowed to sub-let the apartment without consent from the owner. However, please see the ‘Additional tenants‘ section of Part 2 of this article series. Nathan

      Reply
  38. Ken

    Hi,

    My shower broke (it was poorly installed and was very old) and my landlord repaired it. We left the property a month ago, and now we are asking for the deposit back and he said we won’t get most of it because we have to pay for the shower. There is nothing on our release contract when we left that says this, he just told us now. Do we have any rights in this situation? Thanks so much.

    Reply
    • Czech Point 101

      Hi Ken, The damage deposit should not be used by the landlord to improve the rental property. You should only have to compensate for repairs of equal or lesser value to when you moved in. Definitely if there is nothing on your hand-over protocol and he doesn’t provide any receipts you should get your entire deposit back. Nathan

      Reply
  39. Miryam

    Hi! Thank you for sharing this information. I have a question regarding the cancellation of the contract. I moved into an apartment a month ago and it turns out there is black mold on the walls which can damage your help specially if you have asthma like I do. I informed the landlord that I want to break the contract immmediately since this is actually quite dangerous and the landlord inform me that they knew that problem was there a few years ago but it wasn’t as bad as now and that I still need to pay for the three months rent if I want to break the contract. My question is if it is legal for the landlord to ask for the 3 months since they admitted that the problem happened before and didn’t inform me when I rented the apartment. Thank you for your help!

    Reply
    • Czech Point 101

      Hi Miryam, That is a bad situation. Unfortunately mold can be a real problem in Czech Republic. Was the mold identified on the hand-over document at the beginning? If it wasn’t visible do you have anything written from the landlord that this is a recurring problem? Regarding getting your three months back the best is to document the mold with pictures and send the landlord a registered post (where you get proof of his receipt) with documentation about the problem. If it is too severe the flat is not ‘livable’ which is a condition of renting. However, if you don’t document the problem and inform the landlord in writing you will have nothing to fall back on to get your deposit. It may also be worthwhile to get an expert in the field (there are companies that specialize in mold) to come and document the problem. There are also things you can suggest to the landlord such as buying a dehumidifier (cc. 6500 CZK + VAT for a good one) and painting with mold-resistant paint. I hope these ideas help somewhat. Nathan

      Reply
      • Miryam

        Hello Nathan, thank you for your answer! No, there is nothing about mold in the papers I signed. Yes, when I sent the landlord an email they said it has been happening before. I sent the photos by email and they replied saying that it looks bad. Is that proof enough or should I send it by post too? I found in the Civil Code that if it’s not “livable” as you say I don’t have to give any notice. Is there a way of fixing the problem with the 3 months just with the landlord or do I have to involve a lawyer? Miryam

        Reply
        • Czech Point 101

          Hi Miryam, Hopefully it doesn’t go to court but if it does courts typically do not like email proof. Best is to send registered post with verification of receipt. It may also show the landlord that you are serious about the situation. If you move out I really don’t think the owner will pursue you for the three months but he/she may keep the damage deposit. To get that back you may need to involve a lawyer. It is always best, however, to try everything you can personally before and don’t threaten about using a lawyer until there is no other option. Nathan

          Reply
  40. Maxwell

    Hi! I have this issue. I was my gf roommate but contract was on her as main person on it. We broke up and since I can afford it alone we decided I could stay in and she moved out with all her stuff. Now she came back saying she spoke with the landlord and decided to start a new contract from December without me and I have to leave with a 2 weeks notice basically. All my furniture is inside. I asked a copy of the contract because with her departure every paper copy disappeared. She and the landlord don’t want to provide any. Can they do all this?

    Reply
    • Czech Point 101

      Hi Maxwell, Unfortunately if you don’t have a contract or anything written you don’t have a legal right to stay in the apartment. I’m sorry for this bad news. Nathan

      Reply
  41. Melissa

    Hello,

    I currently am renting an apartment and am having a lot of issues with mold. There was no mold prior to me moving into the apartment (if there was I would never have moved to this apartment). It looks like water is coming inside the walls and now the mold is spreading. The owner won’t send a specialist to look at the problem and instead blames me for the situation. The owner’s solution is to keep the windows open and turn the heat up to the maximum as well as use a dehumidifier. I’m already paying a lot for this apartment and the utilities are not included. I cannot afford to run the heating as well as the dehumidifier all day and night while keeping the windows open. I think what the owner is proposing is ridiculous. Is there anything that I can do legally? Or someway to legally get a specialist to look at my mold problem? It’s getting worse and starting to affect my health as a result. Thanks so much.

    Reply
    • Czech Point 101

      Hi Melissa, Mold is a difficult situation because if there really has not been a history of mold problems in the apartment, it would be hard to prove it was somehow not connected with your tenancy. You would need to take reasonable steps like ventilating regularly and keeping the temperature at normal room temperatures with no improvements, in order to prove that it is a problem with the apartment. If the owner is willing to pay for the dehumidifier that could be a possible solution. There is also inexpensive paint with a bleach compound in it that inhibits mold formation. You can paint the areas where the mold is growing. Anyway, if you feel the problem is just going to escalate it might be best to try to agree some sort of termination of the rental contract and look for another apartment. I hope this helps. Nathan

      Reply
  42. Tom

    Hi,

    I have been renting my apartment with no problems since February 2017. I now need to let the agency know if I am willing to pay the 45% rent increase for the new contract starting February 2018. I saw from your previous replies that they can basically do what they like here in Prague. Should I really just be preparing to move again? Thanks in advance for your help.

    Reply
    • Czech Point 101

      Hi Tom, That is a very big increase. If you rented through a real estate agency they often get a one-month fee from a new tenant so they may be trying to get the flat empty so that they can re-rent it. If you have any contact to the owner I would try to contact them directly and verify that they really are looking to increase the rent so much. If yes, the rent must have been under-priced to start with because prices have not gone up 45%. Hope this helps. Nathan

      Reply
      • Tom

        Thanks Nathan, they have come back now with an increase of 20% instead (after my initial shock and protest), I really appreciate your help. Cheers, Tom

        Reply
        • Czech Point 101

          Great result Tom! Glad I could help out. Nathan

          Reply
  43. SG

    HI need to know in case of definite time period contract can we leave before end of the contract with notice period of 3 months.
    I am pasting below my contract please let me know on this.

    Článek II.
    Předmět nájmu
    1. Pronajímatel přenechává nájemci za nájemné do užívání byt uvedený v článku I. této smlouvy a také garážové stání č. 91 (dále jen „předmět nájmu“).
    2. Nájemce potvrzuje, že si byt i garážové stání, které jsou předmětem této nájemní smlouvy, prohlédl a shledal je ve stavu způsobilém k užívání a byt k obývání. Stav bytu a vybavení je ke dni podpisu smlouvy zdokumentován na CD jako příloha č. 1 této smlouvy, kdy každá ze stran obdrží jedno CD. Předávací protokol se stavy měřidel je přílohou č. 2 této smlouvy.

    Článek III.
    Účel nájmu
    1. Předmět nájmu přenechává pronajímatel nájemci do užívání výhradně za účelem zajištění bytových potřeb nájemce, a to
    2. Pronajímatel si vyhrazuje právo souhlasu s přijetím nového člena do nájemcovy domácnosti; to neplatí, jedná-li se o osobu blízkou. Takový souhlas pronajímatele s přijetím jiné než osoby blízké za člena nájemcovy domácnosti musí mít písemnou formu.
    3. Nájemce je povinen písemně oznámit zvýšení počtu osob žijících v bytě bez zbytečného odkladu pronajímateli. Neučiní-li to nájemce ani do dvou měsíců, co změna nastala, má se za to, že nájemce porušil svou povinnost podle této smlouvy zvlášť závažným způsobem.
    4. Smluvní strany se dohodly, že nájemce není oprávněn dát třetí osobě do podnájmu byt nebo jeho část, ať již v bytě sám bude trvale bydlet či v bytě trvale bydlet nebude. Totéž platí i o garážovém stání. Smluvní strany tak výslovně vylučují ustanovení § 2274 občanského zákoníku. Učiní-li tak nájemce v rozporu s tímto ujednáním, má se za to, že porušil hrubě svou povinnost podle této smlouvy.
    5. Smluvní strany se dohodly, že nájemce není oprávněn bez písemného souhlasu pronajímatele přihlásit žádnou další osobu k trvalému, dlouhodobému nebo přechodnému pobytu v ČR na adrese předmětného bytu, ani žádné jiné osobě neudělit souhlas k přihlášení k trvalému, dlouhodobému nebo přechodnému pobytu v ČR na adrese předmětného bytu. Učiní-li tak nájemce v rozporu s tímto ujednáním, má se za to, že porušil hrubě svou povinnost podle této smlouvy.

    Článek IV.
    Doba nájmu
    1. Nájemní smlouva se uzavírá na dobu určitou, a to od 1.1.2018 do 31.12.2018.
    2. Tato smlouva může být prodloužena dohodou smluvních stran.
    3. Smluvní strany se dohodly, že na nájem sjednaný podle této smlouvy se neužije ustanovení § 2285 zák. č. 89/2012 Sb., občanského zákoníku, o automatickém prodloužení nájmu v případě, pokračoval-li by nájemce v užívání bytu i po skončení nájmu podle této smlouvy.

    Článek V.
    Nájemné a úhrady za plnění a služby spojené s užíváním bytu
    1. Pronajímatel a nájemce se dohodli na výši nájemného u předmětného bytu a garážového stání v částce 15.000,- Kč (slovy: dvacet dva tisíc pět set korun českých) měsíčně.
    2. Za užívání bytu a garážového stání bude nájemce hradit pronajímateli částky dohodnuté v tomto článku v odst. 1. této nájemní smlouvy předem na každý měsíc, vždy nejpozději k 25. dni stávajícího kalendářního měsíce na následující kalendářní měsíc.
    3. Spolu s nájemným bude nájemce dále hradit pronajímateli zálohové platby na služby spojené s nájmem a energie (spotřeba el. energie, el. energie ve spol. prostorách, vodné, stočné, výtah, odvoz odpadků, úklid společných prostor, topení, STA, plyn, internetové připojení) a to ve výši 4.000,-Kč měsíčně. Pronajímatel vyúčtuje zálohové platby na služby 1 x ročně na základě faktur od poskytovatelů služeb. Případný nedoplatek je splatný do 15ti dnů od zaslání vyúčtování na email nájemce. Případný přeplatek bude nájemci vrácen do 15ti dnů od zaslání vyúčtování na email nájemce.
    4. Nájemné a zálohy na služby jsou vždy splatné bankovním převodem na účet pronajímatele číslo, vedený u Raiffeisen Bank, a.s.
    5. V případě prodlení se zaplacením některé z částek dohodnutých v tomto článku je tento povinen zaplatit pronajímateli smluvní úroky z prodlení ve výši 0,05% z dlužné částky za každý den prodlení.
    6. Smluvní strany sepíší při předání bytu do užívání nájemci předávací protokol, který bude obsahovat čísla a stavy měřidel energií, soupis a stav vybavení bytu a potvrzení o předání klíčů.
    7. Nájemce se zavazuje na zajištění svých závazků vůči pronajímatelům složit jistotu. Tato jistota bude složena nájemcem na účet č. vedený u, a to ve výši 30.000,-Kč (slovy čtyřicet pět tisíc korun českých), ve dvou splátkách takto: částka 15.000,-Kč do 31.12.2017 a částka 15.000,-Kč do 28.12018. Pokud nebude některá část jistoty složena v uvedených termínech, tato smlouva je ukončena (nájemní vztah zaniká) dnem následujícím po marném uplynutí lhůty ke složení jistoty nebo její části a nájemce je povinen předat byt zpět pronajímateli ve lhůtě 4 dnů od zániku smlouvy. Nebude-li byt předán v daném termínu, je pronajímatel oprávněn do bytu vstoupit, věci nájemce vystěhovat a uskladnit na náklady nájemce.
    8. Složenou jistotu je pronajímatel oprávněn použít na úhradu nedoplatků na nájemném, na úhradu nedoplatků na plnění poskytovaná s užíváním bytu, na úhradu nákladů na vyklizení, na úhradu nákladů na uskladnění věcí, na úhradu nákladů na odstranění škod způsobeným nájemcem v bytě jakož i na úhradu dalších závazků nájemce vůči pronajímatelům vzniklých na základě nebo v souvislosti s touto smlouvou. Pronajímatel se zavazuje vrátit nájemci jistotu po odečtení případných plnění uvedených výše, a to do 30ti dnů ode dne skončení nájemního vztahu.

    Článek VI.
    Práva a povinnosti smluvních stran
    1. Práva a povinnosti pronajímatele:
    a) povinnost odevzdat nájemci byt dle čl. I. této smlouvy ve stavu způsobilém k řádnému užívání,
    b) povinnost zajistit nájemci plný a nerušený výkon jeho práv spojených s užíváním předmětného bytu,
    c) v případě, že nájemce nevyklidí byt při skončení nájmu, je pronajímatel oprávněn vstoupit do bytu, vyklidit jej a věci nacházející se v bytě uskladnit na náklady a nebezpečí nájemce, k čemuž jej tímto nájemce výslovně zmocňuje,
    d) v případě skončení nájemního vztahu nemá nájemce právo na náhradní byt ani náhradní ubytování.

    2. Práva a povinnosti nájemce:
    a) povinnost platit řádně a včas částky dohodnuté v čl. V. této smlouvy,
    b) povinnost užívat byt řádně v souladu s touto smlouvu a pouze k účelu dohodnutému v této smlouvě,
    c) oznámit pronajímateli zvýšení či snížení počtu osob žijících v bytě bez zbytečného odkladu,
    d) povinnost ihned oznámit pronajímateli poškození, nebo vadu, které zjistil v bytě, které je třeba bez prodlení odstranit a umožnit jejich odstranění; jiné vady nebo poškození, které brání obvyklému bydlení, je povinen oznámit pronajímateli bez zbytečného odkladu a umožnit jejich odstranění (mimo drobných oprav v bytě souvisejících s jeho užíváním, které provádí nájemce); v opačném případě odpovídá za škodu, která nesplněním této povinnosti vznikla,
    e) povinnost v případě vzniku pojistné události upozornit pronajímatele,
    f) povinnost udržovat svým nákladem byt v čistém a uživatelném stavu, zejména je povinen provádět na své náklady běžnou údržbu a drobné opravy v bytě související s jeho užíváním. Smluvní strany se dohodly, že za běžnou údržbu a drobné opravy bude pro účely této smlouvy považována ta údržba a ty opravy, které jednotlivě nepřevýší svou hodnotou částku 1000,- Kč.
    g) povinnost neprovádět v bytě bez souhlasu pronajímatele žádné stavební úpravy, přestavby nebo jiné změny bytu,
    h) povinnost v případě skončení nájmu byt vyklidit a odevzdat pronajímateli ve stavu v jakém jej převzal, nehledě na běžné opotřebení při běžném užívání,
    i) povinnost dodržovat veškerá protipožární opatření a hygienické normy pro provoz bytů a jejich příslušenství, včetně topných systémů, a návody k obsluze a pokyny pronajímatele k užívání zařízení a vybavení bytu,
    j) není oprávněn dát byt nebo jeho část do podnájmu třetí osobě bez předchozího písemného souhlasu pronajímatele,
    k) povinnost užívat byt, společné prostory a zařízení domu řádně, v souladu s dobrými mravy a domovním řádem a pokyny pronajímatele, a řádně požívat plnění, jejichž poskytování je s užíváním bytu spojeno; tato povinnost se vztahuje i na osoby, které žijí s nájemcem v bytě,
    l) povinnost odstranit závady a poškození, které způsobil v bytě nebo domě sám nebo ti, kdo s ním bydlí, a to bezodkladně,
    m) umožnit pronajímateli po celou dobu trvání nájemního vztahu po předchozím oznámení, provedení prohlídky předmětu nájmu za účelem ověření jeho stavu a stavu jeho vybavení, a to výhradně za účasti nájemce; pronajímatel oznámí nájemci návštěvu v přiměřené době předem,
    n) umožnit v době 3 měsíců před skončením nájmu, bude-li byt následně nově pronajat, přístup do bytu zájemci o nájem v nezbytném rozsahu za účelem prohlídky bytu v přítomnosti nájemce a pronajímatele; pronajímatel oznámí nájemci návštěvu v přiměřené době předem,
    o) oznámit pronajímateli svou nepřítomnost v bytě má-li být delší jak 2 měsíce a bude-li mu byt v této době obtížně dostupný, a označit osobu, která v době jeho nepřítomnosti zajistí možnost vstupu do bytu v případě, kdy to bude nezbytně zapotřebí; nesplní-li nájemce tuto povinnost, považuje se toto jednání za porušení povinností nájemce zvlášť závažným způsobem,
    p) umožnit 1 krát ročně přístup do bytu pronajímateli nebo pověřené ososbě za účelem revize plynového kotle, pronajímatel oznámí nájemci návštěvu v přiměřené době předem.

    Článek VIII.
    Skončení nájmu
    1. Nájem bytu skončí:
    a) uplynutím doby, na kterou byl sjednán,
    b) písemnou dohodou smluvních stran,
    c) výpovědí, s tříměsíční výpovědní dobou,
    d) okamžitou výpovědí bez výpovědní doby
    e) předčasným ukončením dle čl. V. odstavec 8 této smlouvy.
    2. Výpověď musí mít písemnou formu a musí dojít druhé smluvní straně. Výpovědní doba běží od prvního dne kalendářního měsíce následujícího poté, co výpověď došla druhé straně na adresu pro doručování uvedenou v záhlaví této smlouvy.
    3. Nájemce může vypovědět nájem na dobu určitou podle této smlouvy v tříměsíční výpovědní době v případě:
    a) změny okolností, z nichž strany při vzniku závazku ze smlouvy o nájmu vycházely, do té míry, že po nájemci nelze rozumně požadovat, aby v nájmu pokračoval, nebo
    b) byt se stane nezpůsobilý k řádnému užívání, aniž by nájemce tento stav zavinil
    4. Pronajímatel může vypovědět nájem na dobu určitou podle této smlouvy v tříměsíční výpovědní době v případě:
    a) poruší-li nájemce hrubě svou povinnost vyplývající z nájmu,
    b) je-li nájemce odsouzen pro úmyslný trestný čin spáchaný na pronajímateli nebo členu jeho domácnosti nebo na osobě, která bydlí v domě, kde je nájemcův byt, nebo proti cizímu majetku, který se v tomto domě nachází,
    c) má-li být byt vyklizen, protože je z důvodu veřejného zájmu potřebné s bytem nebo domem, ve kterém se byt nachází, naložit tak, že byt nebude možné vůbec užívat, nebo
    d) je-li tu jiný obdobně závažný důvod pro vypovězení nájmu.
    5. Pronajímatel může vypovědět nájem na dobu určitou podle této smlouvy bez výpovědní doby v případě, že nájemce poruší svou povinnost zvlášť závažným způsobem. Nájemce porušuje svou povinnost zvlášť závažným způsobem, zejména:
    a) nezaplatil-li nájemné, zálohové platby na spotřebu energií a na plnění a služby spojené s užíváním bytu, ujednané v článku V. této smlouvy, za dobu alespoň 1 měsíce,
    b) poškozuje-li byt nebo společné prostory domu závažným nebo nenapravitelným způsobem,
    c) způsobuje-li jinak závažné škody nebo obtíže pronajímateli nebo osobám, které v domě bydlí nebo
    d) užívá-li neoprávněně byt jiným způsobem nebo k jinému účelu, než bylo ujednáno,
    e) neoznámí-li písemně pronajímateli zvýšení počtu osob žijících v bytě, ani do dvou měsíců, co změna nastala,
    f) neoznačí-li osobu, která v době jeho nepřítomnosti (po dobu delší jak 2 měsíce a bude-li mu byt v této době obtížně dostupný), zajistí možnost vstupu do bytu v případě, kdy to bude nezbytně zapotřebí.
    6. Okamžitá výpověď bez výpovědní doby nabývá účinnosti dnem doručení, resp. dojití písemné výpovědi na adresu nájemce pro doručování uvedenou v záhlaví této smlouvy.
    7. V případě skončení nájmu okamžitou výpovědí bez výpovědní doby je nájemce povinen byt odevzdat pronajímateli bez zbytečného odkladu po skončení nájmu, nejpozději však do 1 měsíce od skončení nájmu,
    8. V případě skončení nájmu uplynutím doby, dohodou smluvních stran, nebo výpovědí s tříměsíční výpovědní dobou, odevzdá nájemce byt pronajímateli v den, kdy nájem končí.
    9. Nájemce odevzdá byt ve stavu, v jakém jej převzal, nehledě na běžné opotřebení při běžném užívání. Neodevzdá-li nájemce byt pronajímateli v den skončení nájmu, nebo ve lhůtě do 1 měsíce od skončení nájmu okamžitou výpovědí bez výpovědní doby, uhradí nájemce pronajímateli náhradu ve výši ujednaného nájemného podle této smlouvy až do dne, kdy nájemce pronajímateli byt skutečně odevzdá. Současně je v takovém případě pronajímatel oprávněn vstoupit do bytu, vyklidit předmětný byt a věci nacházející se v bytě uskladnit na náklady nájemce, k čemuž jej tímto nájemce výslovně zmocňuje.

    Článek IX.
    Závěrečná ustanovení
    1. V otázkách neupravených touto smlouvou se použijí příslušná ustanovení zák. č. 89/2012 Sb., občanského zákoníku.
    2. Smluvní strany se dohodly, že si budou doručovat písemnosti doporučeně prostřednictvím pošty. Smluvní strany se současně dohodly, že považují za okamžik doručení, resp. dojití písemnosti třetí pracovní den poté, co byla písemnost odeslaná doporučeně na poslední známou adresu, nebude-li okamžik doručení písemnosti prokázán dříve. Za poslední známou adresu se pro účely této smlouvy považuje adresa pro doručování uvedená v záhlaví této smlouvy.
    3. Smluvní strany si výslovně ujednávají, že písemnost (oznámení, výpověď atd. dle této smlouvy) lze doručit také prostřednictvím emailu na adresy uvedené v záhlaví této smlouvy, případně na adresy, které strana druhé straně v průběhu tvrání smlouvy oznámila a toto doručení má stejné účinky jako doručení listinné korespondence prostřednictvím provozovatele poštovních služeb.
    4. Tuto smlouvu lze měnit a doplňovat pouze formou písemných, oboustranně odsouhlasených a podepsaných dodatků.
    5. Nájemce prohlašuje, že měl možnost smlouvu předem a v přiměřené době konzultovat se svým právním zástupcem a že mu byla přetlumočena do anglického jazyka, kterému rozumí.
    6. Smluvní strany prohlašují, že tuto smlouvu uzavřely svobodně, vážně, nikoliv v tísni a za jednostranně nevýhodných podmínek, a že znají její obsah, což stvrzují svými podpisy.
    7. Každý stejnopis je vyhotoven na 7 stranách.

    Reply
    • Czech Point 101

      Hi, Please see above the section: “Cancellation of the contract by the tenant” and under point 2 it has the laws for a definite length contract. Nathan

      Reply
  44. Anton

    Hello Nathan,

    I received a job offer from abroad,from a company different to the one I currently work, with starting date: April 1st.

    My lease contract includes the following term:
    -Tenant shall have the right to terminate this agreement by giving two months advance notice to the Landlord in the event of business relocation outside the Czech republic.

    Is this legally considered as a business relocation or the term makes reference only to relocation within the same company?

    Many thanks Anton

    Reply
    • Czech Point 101

      Hi Anton, That is a tough call and if your contract is in Czech you would need a Czech speaker to advise you on it. In English the word ‘relocation’ combined with business to me means that a person would be moving because the business they work for is moving them. Those are my thoughts but if the contract is in Czech the best would be to speak with a Czech native speaker. Nathan

      Reply
  45. Lica

    Hi,

    Is the landlord allowed to enter by himself the house during the duration of the contract or during the notice period?

    Thank you, Lica

    Reply
      • Lica

        Hello Nathan. Thanks for your reply. I am getting contradictory information in regards “Entering the property – repairs, viewings and inspections” point 3. Is it valid also during the notification period? I intend to leave the country and return before the 2 months expiring date for hand over. Can the landlord enter the house in this time? Thank you.

        Reply
        • Czech Point 101

          Hi Lica, Only if something else is agreed in the contract. Nathan

          Reply
  46. Vlad

    Hello,

    We rent a room from the owner of the apartment for almost over a year. The lease is signed by my girlfriend and I have a registration in the apartment.

    * Last month we were outside of Czech Republic and my girlfriend returned first, only to find owner’s drunk son sleeping in our room on our couch.

    * Obviously we did not like that and expressed that to the owner of the apartment.

    * After that, the owner asked us to move out (less than a 3 weeks notice) and we verbally agreed to that, because, we don’t want to stay with her, but there is no paper trail of it. Should we get it, so later she can not claim that we owe her money for not paying for the last few months?

    * She claims that she already found someone else to live in that room. Is that even legal (no 3 months notice)?

    * Owner still owes us money for the last month (February). We afraid that she may find a lot of so-called damages and not return it. Is there anything we can do proactively to avoid this situation?

    * Today, when I mentioned to her that we will move out on 31st and asked her to prepare the money she promised to return, she started to behave inappropriately, using a lot of swear words, even pushed me. Next time this happens, can I simply call the police and let them deal with her? Can we also record this behaviour on the phone?

    * We do not pay extra for the utilities, by the contract, this is included in the price of the room. Is there any way she can ask us to pay extra?

    Thank you very much. Any advice would be apreciated.

    Reply
    • Czech Point 101

      Hi Vlad, This sounds like a terrible situation. You can look at the above under the subheading ‘Cancellation of the contract by the owner’ regarding reasons that are valid for cancellation and notice periods. You will really need to document everything and get signatures. If it goes to court you need everything written. There is no weight put on verbal agreements since it’s a ‘he said, she said’ scenario. I hope things go well for you. Nathan

      Reply
  47. Luigi

    Hi,
    My situation is this: I just arrived to Czechia and I’m living with two friends (they’re from here and they’re in the contract).
    Since I need a ‘Proof of accomodation’ to present in the Foreign Police, they’re going to add my in the contract as I’m renting as well.
    But the guy who’s responsible for the apartment, is asking me for money to do this repair in the contract, 1500-2000 Kc.
    I’d like to know if I really have to pay to do this repair in the contract or if he’s trying to get my money.
    Thank you very much!

    Reply
    • Czech Point 101

      Hi Luigi, It all depends on your agreement with your roommates. There is nothing in the law about this. Nathan

      Reply
  48. Don

    Hello,

    I am currently a student studying in Prague and staying in an apartment. The receptionist has charged me a 1000kc ‘maintenance’ fine, but it was really just a fine for a dirty kitchen that I had to clean myself. They do checkups every month and freely enter our rooms. It was in the middle of exam period, so I was busy with papers and studying, and admittedly the kitchen was getting a bit too dirty. The contract, however, makes no mention of a fine for a dirty kitchen while living in the apartment. The relevant portions of the contract are below:

    13.From the handover of the subject of the sublease the Subtenant shall at his own cost maintain it in condition
    eligible to the agreed use. The Subtenant shall especially
    clean his room inclusive the equipment on a regularly basis
    (incl. WC, bathroom, hallway) and namely: take out the
    trash in a container situated in front of the building, in the
    area intended for that purpose; ventilace the room well,
    perform the common cleaning of sanitary facilities toilet /
    bath room after each use; check if the toilet is not running,
    etc.; clean and wash the cooker, the work surface and also
    the floor after each use of the kitchen; keep floors in order
    (sweep, mop).

    27.When terminating the sublease, the Subtenant is obliged to
    hand over the subject of the sublease vacated, clean and perfectly tidied, and in the same state as when the subject
    of the sublease and its furniture was handed over to the
    Subtenant (taking into account the usual wear caused by
    the standard use and maintenance of the subject of the
    sublease and its furniture over the duration of the
    sublease). Before the subject of the sublease is handed
    over, the Subtenant shall especially clean the door, the
    washable wall cladding, wash the surface of the shelves,
    wardrobe and other furniture, mop the floor in the
    respective area and clean the area behind the furniture
    and fridge, clean the toilet, shower cabin, washbasin, take
    out the trash, wash the waste bin, etc. In case the subject
    of the sublease is not handed over in a perfectly tidy
    condition, the Tenant is entitled to claim a contractual
    penalty corresponding to the cost of tidying up of the
    subject of the sublease in the amount of 5 000 CZK.

    How should I speak to the receptionist about this issue?

    Thanks in advance.

    Reply
    • Czech Point 101

      Hi Don, Thanks for writing. I can see from the text of the contract it is a sub-lease agreement so the laws stated in these two blogs posts do not apply. In the case of a sub-lease arrangement you have to comply with whatever is agreed in the contract. In your case if there was nothing in the contract about a dirty kitchen and they didn’t have any actual costs associated with it you need to challenge them on it. Nathan

      Reply
  49. Larissa

    Hi,

    I tried reading through the whole threat but I think my issue hasn`t been touched so far: Is there a law that states how many keys the landlord needs to hand out to a tenant. I`ve been living alone in my apartment for >1/2 year and so far I received only one set of keys although I`ve asked for a 2nd set several times. Up until now he refuses. I don`t mind if the landlord keeps a 3rd set for himself for cases of emergencies. But I need a 2nd set as well. Also there is no way for me to just make a copy or change the locks as I have to enter through 2 gates that need to be opened by other tenants as well.

    Thanks for your help.

    Larissa

    Reply
    • Czech Point 101

      Hi Larissa, Thanks for writing. No, I haven’t heard of this situation before and I don’t believe the law touches on it at all. There is information in our second article on laws concerning changing of locks. However, this would only apply to the apartment’s front door and not any common doors or gates. Sorry I can’t help further! Nathan

      Reply
  50. Leon Paulino Poey Marrero

    We are one couple Cuban and Russian with one bebe 11 months born in chzck Republic! We have been rented in one apartment for one company for more than 3 years, now the company send us one small letter saying that we most to go from this apto in 7 days because they don’t going to give new contracts! Can they put us out on the street with small bebe like this?

    Reply
  51. Leon Paulino Poey Marrero

    Where we could find legal help to avoid been put on the street for one company which rented us one apartment?they sent us letter that we have to leave this apartment in 7 days without another explanations?

    Reply
    • Czech Point 101

      Hi Leon, That is a very strange situation where they would ask you to go within 7 days without an explanation. With a normal rent contract that is definitely illegal and morally wrong in winter with a baby. You would need to have an attorney look at your contracts and advise where to go from here. Our attorney can also assist with that. Nathan

      Reply
  52. Janar Sits

    Hello,
    A question
    The contract was set to 1 year time which expired on 28.2.2018.
    No notice or any letter from the landlord/administrator prior to that.
    On 28.2 I got a notification that they would like to increase the rent 20% for the new ammendment.
    Does the article § 2249 apply in this case too that if I accept the 20% increase of rent for the renewal of contract, I will start paying it from the 3rd month?

    § 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.

    Thank you for help!

    Reply
    • Czech Point 101

      Hi Janar, Thanks for your email and question. If the contract is for a definite time period the owner can increase the contract as much as he/she wants for the new one. It is a dirty trick or negligence on the owner’s part to wait until the last day of the contract for a 20% rent increase. Nathan

      Reply
  53. Cira

    Hi Nathan,

    One question: is my landlord allowed under any circumstances to get in the house and confiscate my belongings if I am late with the rent ?

    Thanks for helping all of us !
    Cira

    Reply
    • Czech Point 101

      Hi Cira, If your contract is not valid anymore so you are living in the house without a contract, the landlord could do this. However, if you are just late they cannot. With a normal rent contract cancellation can only be sent after there is a total of 3 months of rent outstanding. Nathan

      Reply
  54. Tris.

    Hello,

    Must I accept an increase of the rent if I have a sublease agreement? My contract is for a definite period of time so I don’t know if this applies also for a subtenant. There’s nothing specified in the contract, it only states that if something is not mentioned, the civil code must be followed.

    Thanks in advance.

    Reply
    • Czech Point 101

      Hi Tris, If the contract says that items not mentioned would follow the Civil Code regarding landlord / tenant relations then no, the rent can’t be raised unless there was major construction. Nathan

      Reply
      • Tris.

        Thank you, Nathan. I appreciate your response.

        Reply
        • Tris

          Hi Nathan,

          After talking with my “sub-leaser”, he talked directly to the owner of the flat so his contract (directly with him) can be terminated by 31st of May. My sublease contract is finishing by 31st of July. Should I understand that, the moment the sub-leaser ends the contract with the landlord, my sublease agreement also expires?

          Many thanks,

          Tris.

          Reply
          • Czech Point 101

            Hi Tris, I am confused about who has the lease and who has the sub-lease. For sure if the lease terminates on a certain date any sub-leases done on the basis of that lease are also terminated even if the date of the sublease extends longer. Hope that helps. Nathan

  55. Mark

    Hello, have had a (Smlouva o podnajmu bytu) for 4 years now directly from the owner of a flat going through privatization. Having just received my permanent residency here back in late January, owner emailed to say he was cancelling my agreement in February (expires May 31st, 2018) and wants to increase rent to market price. Has a section in civil code allowing him to do this. Section VII 7.1 section (c). I fought this thinking I had a “lease” agreement and not a “sub-lease” as the owner does own the property, but the property management company is the “legal” owner. Afterwards, he said for me not to fight it, that he has a legal right to do so and agreed to allow me to pay an additional month under old rent. The rent has increased from 10,900 to now 20,000 in a 4 year period. I no longer can support this increase, nor have the funds to pay him for April. I messaged today my indication of moving out by May. Questions:

    What if I do not pay for this month, can he change the locks, or enter the flat? Can I change the locks? What is his legal right to remove me for not paying? I do have a son here, but he doesn’t live with me. Not sure if that factors into the equation. Thank you in advance.

    Reply
    • Czech Point 101

      Hi Mark, That is a very big increase over 4 years. With sub-rental contracts it all depends on the terms in the contract regarding locks and entering the flat. He would first have to legally cancel the sub-rental contract. Hope this helps. Nathan

      Reply
  56. gary jenkins

    Hello,

    I rent a small apartment for myself, my wife and my young child. We have a one year contract.

    Last week, the quiet road outside the apartment building was changed from one way with parking to two way.

    The reason for this is a major riverside construction project commences now and our road no provided the entrance to the construction site for all lorries. The site traffic starts at 5:30 a.m and the site is about 100m from the property.

    This is really noisy, dirty and always a source of great tension for us.I raised this with my landlord and he wants to hear nothing of it.

    Can you tell me if, under the new Czech Civil code I can terminate the rental contract on the basis of this major change?

    Thank you for any comments/advice

    Reply
    • Czech Point 101

      Hi Gary, Thanks for your question. I don’t believe there is anything in the Civil code regarding a tenant being able to cancel their contract because of a construction project that is not under the control of the owner. I would think there would be city/town noise bylaws which would govern that. Perhaps a complaint to the city/town about the start time for construction? Nathan

      Reply
  57. Simon

    Hi Nathan, I received the bill from landlord for 2017 for hot and cold water bill. I am no more staying in the flat and there is no deposit held by landlord. The landlord is now asking to pay the bill for hot and cold water for the duration of my stay in 2017. The hot & cold water excess utilization bill is around 20000 CZK. I refused to pay. I am a foreigner and would like know what rights the landlord has to take action against me.

    Reply
    • Czech Point 101

      Hi Simon, The landlord can sue you in court to recover the money. Nathan

      Reply
  58. Anna

    Hi Nathan,

    We rent a flat from a company. We’re very satisfied with the service. We would like to keep a good relationship with them. While we were away for a vacation, a pipe leaked. The neighbour living under our flat reported it. The owner fixed it and when we came back, everything was functioning. There was some damage in the flat under but not in ours. My question is, by the law, whose duty is to fix a leaking pipe, and fix/pay the damage in the flat under.

    Thank you

    Reply
    • Czech Point 101

      Hi Anna, thanks for your question and it is great that you want to keep a good relationship with your landlord! If the pipe leaked of no fault of you as a tenant then the owner would be responsible for it as it is something that occurred just through normal use. However, if the leak was caused by a tenant, for example, not connecting or using a washing machine correctly, then it is the responsibility of the tenant. I hope that makes sense. Nathan

      Reply
  59. Pete

    Hi Nathan,

    Thank you for providing this service! I have two questions about points in the article –

    1. Cancellation notice period of 3 months — in our rental agreement (sub-leasing an apartment) there is a notice period of 2 months. Does the 3 months overrule this, or is 3 months only the default period if none is given?
    Relevant line of contract: “d) písemnou výpovědí jedné ze stran s dvouměsíční výpovědní lhůtou”

    2. Automatic lease renewal — in our rental agreement it states that it will automatically renew for the same period (12 months). Is there a limit on the number of renewals before the contract is considered “unlimited”?
    Relevant line of contract: “Neoznámí-li jedna smluvní strana druhé, alespoň dva měsíce předem, že končí podnájem ke sjednanému datu, má se zato, že se tato smlouva prodlužuje automaticky o další rok.”

    We are being asked to leave our apartment of 2 years 9 months because the owner wants it for personal use. I am trying to understand if the line in our contract about 2 month notice clears the landlord’s obligation of 1. providing 3 months notice from 1st of the following calendar month, and 2. meeting one of the reasons listed for defined/undefined contracts.

    Thank you very much

    Reply
  60. Nikol

    Hello,

    My lanlord gave me two months notice to leave without any document that he wants to sell the flat.He asked me not to pay for those two months but after that i had nothing. I paid for the third months which is last months. He is telling me now that, he will change the lock at the end of this month.

    Reply
    • Czech Point 101

      Hi Nikol, Sorry for the late reply as I was on holidays. So the legal notice period is three months. Don’t be afraid to disagree to move out on unlawful terms and give your reasons. Nathan

      Reply
  61. Imran

    Hello,

    I have the following situation:

    – I rented this apartment starting 3rd July, 2018, with a contract of 1 year, ending 2nd July, 2018
    – For termination of lease by the tenant, the contract states:
    “The Lessee is authorised to terminate the lease by notice only for the reasons stipulated by law, specifically by Section 2287 of the Civil Code. Notice must be given in writing; the notice peri-od is two months and is counted from the first day of the following month after its delivery (in person, via registered mail) to the other contracting party.”
    – We are in a situation where we have bought our own place now and will be moving there in about 2 months. So i have already sent notice to the owner that the notice period will start from 1st September in order for us to be able to move out by 31st October.

    The above is all in line with the contract, however, so far the response i have received from the owner is only that he will check at his end as he is not sure that the notice period can be started only after 2 months of the start of the contract.

    Can you confirm if there is any such provision in the law which governs that the lease contract MUST be fulfilled for some minimum period? Or it is completely fine to start the notice period after 2 months of staying at the rented property, since the situation has changed and we need to move to our own place.

    Thanks for any tips

    Reply
    • Czech Point 101

      Hi Imran, In the article above under ‘Cancellation of the contract by the tenant’ it states: ‘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.’ Since it seems the owner has agreed to something different in this contract than what is in the Civil Code it should be binding. Nathan

      Reply
  62. Omar

    Hello,

    My visa extension got declined by the foreign police and I have a tenancy contract for the next year. I was trying to terminate the contract and demand my security deposit.
    Is there a way of acquiring it

    Reply
    • Czech Point 101

      Hi Omar, That is a terrible situation. It would all depend on the terms of your contract. If there is no option to cancel perhaps the landlord would accept you finding a replacement tenant? Only a thought. Nathan

      Reply
  63. Mishal

    Hello
    I would like to ask you if the owner give two accommodations paper , one between me and him and the other with different address to the foreign police

    Who will be in trouble

    Reply
    • Czech Point 101

      Hi Mishal, If you are talking about the proof of accommodation form I am not sure. If there were two lease contracts signed you need to check in the Land Registry what the legal description is of the property you are living in. Nathan

      Reply
  64. Chris

    Hello.
    My partner and I recently (the end of August) moved into an apartment and signed a contract for an agreed rent every month, which, according to the Brokerage Contract ‘incl. internet’. However, the Landlord/Agent now want us to pay for the internet ourselves from now on, without deducting the cost of the internet from the contract and are also trying to make us pay extra for the internet from the date of when we moved in. Is this legal or allowed? Many thanks for any help.

    Reply
    • Czech Point 101

      Hi Chris, If the rent price included internet in the contract then it should not be charged separately as well. Nathan

      Reply
  65. denis

    Hello,
    I have a question regarding the receipts for the payement of the rent.
    I live in Brno since more than 3 years and i rent a flat since this time and for an undeterminated period. Since the begining, the landlord gave me every mont a receipt for the payment of the rent (receipt which i need because the corporation i work for pay for the rentbut i need to give them a receipt).
    Two months ago, the landlord wrote me that now i must pay 500kc in order to have the receipt because “it’s not written in the contract that he should provide a receipt”.
    First of all, 500kc for 1 minute work and 2kc for a paper, that’s a crap, now?
    Question is: a receipt must be given to the lesse if the lesse ask for? Shall it be given for free or not?
    Waiting for your help and answers.
    Thank you;

    Reply
    • Czech Point 101

      Hi Denis, I don’t believe there would be any legal obligation for the owner to provide a receipt for a rent payment. However, I agree that charging 500 CZK for a receipt is not a fair exchange. Would your company not accept that the contract has the owner’s bank account number and that you provide a statement from your bank account showing the payment? Nathan

      Reply
  66. Justina

    I am studying in Podebrady with a governmental scholarship. I have rented a room with a roommate there and I pay the rent from my scholarship money. I will transfer to Prague soon for study purposes, is that a good enough reason to cancel the contract without the 3 month notice?

    Reply
    • Czech Point 101

      Hi Justina, It is never legal to cancel a contract without 3 month’s notice period unless something else is agreed in the contract. For cancelling a fixed term contract (ie 1 year) the renter must demonstrate that “their living circumstances have been changed (for example, loss or change of employment, marriage, etc.)”, however, three month’s notice is still required. Nathan

      Reply
      • Justina

        Thank you for responding. Also I paid deposit, will I get it back after the 3 months?

        Reply
        • Czech Point 101

          If the landlord / court agrees that your reason for cancelling is valid and there is no damage you should get your deposit back.

          Reply
  67. Doug

    Hi Nathan,

    We rented an apartment where the deposit = one months rent.
    We are now moving out, due to finding something new. This month is the last in the contract. Can we use the already paid deposit as last months rent?
    If we can’t, why not and could our landlord drag us to court for it?

    Thank you a lot for your advice.

    Reply
    • Czech Point 101

      Hi Doug, The damage deposit is strictly for damage unless agreed otherwise in the contract. You would need to check the contract if there are penalties for non-payment of rent or whether the landlord could proceed on an eviction. Nathan

      Reply
      • Doug

        Thanks for the quick response!

        It states in the contract that if we fail to pay rent, they will use the deposit. Then we have to pay a new deposit within 5 days. It does not say what will happen if we don’t pay.
        Another question. Does your contract need your passport number to be valid?

        Thank you again.

        Reply
        • Czech Point 101

          Hi Doug, The passport number is not required for a contract to be valid. Generally there needs to be two pieces identifying each party, name and date of birth or name and address are typical. Nathan

          Reply
  68. Alex G

    Hi Question,

    We have just had a very nasty meeting with our landlord, who threathened to throw us out.

    Situation is that we have a 2 year contract, fixed term the contract is for me and my partner, and there is 5 months left after which we wish to leave.

    However we are expecting our first newborn next month, and thus contacted here in regards of the poplatky.

    Then she said we need to resign the contract, with increased poplatky which she had to calculate. We thought this was that, but then it became that she said, but i also need to increase the rent because you get an extra kid and your contract is for 2 people.

    And came with arguments as inflation, higher prices etc, i said that has nothing to do with a kid.

    I said i would have to check that is the case, as for me it is strange a kid could be a reason to end a contract. And before accepting such a thing i would have to check

    Then she sparked off and said that we have to accept since if we don’t accept and not re-sign the contact with higher rent she will kick us out. as we are breaching the contract, since the contract is for 2 and we would then be by 3. and in the contract is stated that if we break the rules she can immediately kick us out.

    and i said no i would call the police, and she said that she would, anyway in the end to cool down the nerves, we said put all on email so we can review bla bla.

    Anyway, how right was she in this case(i believed nothing of it). Our landlord has a notorious dishonest reputation, and that worries me for in 5 months, as i am very unsure that we will get our 31k kauce back either + all the poplatky we paying too much(we had an overview of 1 of the neighbours what it actually costs).

    Anything we can do we have our baby coming up and rather not have this stress, but man this feels so abusive.

    Reply
    • Czech Point 101

      Hi Alex, Having a child is not a valid reason for the owner to cancel the contract. Under the law you would even be permitted to sub-lease a portion of your apartment without the owner’s consent so how could they claim that having a child is reason for cancellation. It would most likely increase the payments you make (or the owner makes in your behalf) to the association of owners in the building. Those calculations are often based on the number of people living in the property, such as for water charges. You can always ask for proof of all the utility charges and the owner’s calculations. They are required to prove those charges. Nathan

      Reply
  69. Negar

    Hello
    Im student in hradec.i rent apartment with 2 of my class mates. The land lord treat us to kick us out of apartmnet because the neighbirs complaints about the noise after 8 till 3 a.m.but it’s not true.we sleep early for morning class we are no time to throw a party or even not play music loudly.
    Is it legal that they call police only for talking???!!!it’s almost lie that we are noisy

    Reply
    • Czech Point 101

      Hi Negar, I am not sure what the laws are regarding noise and how that would be proved. A person would have to look at their contract whether there is anything regarding noise. Sorry, not too much help on this one. Nathan

      Reply
      • Negar

        Thank you nathan for answering. I just wanna know that if it’s breaking the law or not? Of they call police for speaking not throw party or play music loudly? The landlord said it’s czech republic law

        Reply
  70. Karin

    I have a temporary contract. Till the end of this year.
    Only received a contract in the Czech language.

    I told the landlord last week I will not stay, I am moving to another country. Tried to make an appointment with him and a prospect.
    He (the landlord) answers every time too late at my emails (I am NOT going to do this by phone, I need to have evidence).

    I asked him for dates & times. Every time the answer is “I can always”. As I work irregular and so is the prospect, this answer is not an answer. It never is an answer from which you can make an appointment.

    How to handle. I want my 2 months of the deposit back.

    A few moments ago I received an email that he is in a hurry to find a new person to rent the studio. Again not answering at my question “please give me days & times).

    Reply
    • Czech Point 101

      Hi Karin, Thanks for your message. You really need to understand your signed contract. It would be the basis for any decisions. Emails are very difficult to use in Czech courts. Nathan

      Reply
  71. Jordan

    Hi Nathan,

    I hope you can clarify something for me – we moved in to an apartment 5 months ago and in the last few days we have had issues with our boiler, leaving us without heat and hot water.

    I have contacted the landlord who has twice today sent the apartment handyman to re-pressurise the boiler which hasn’t resolved my problem and I’m now back at square one.

    My question is – are we liable to have the boiler repaired from our own pocket or does this fall on the landlord to fix? I don’t know whether we can (or should) push for an actual plumber to be sent out at the cost of the landlord or if this falls under a tenants responsibility?

    Thanks in advance,

    Jordan

    Reply
    • Czech Point 101

      Hi Jordan, Please see the subheading on ‘Repairs’ above. The heating system is the responsibility of the tenant unless the repair crosses the threshold of: “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)” Hope that helps. Nathan

      Reply
      • Alexandra

        Hello Nathan, does it mean like if for example you have scratch of 5 cm on the wall and tenant is asking for repaint the whole wall or they do it themselves and you pay, you only will pay 100 ck for the m? I dont understand “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)”

        Would you please explain?

        Reply
        • Czech Point 101

          Hi Alexandra, I am a little confused by your question. Are you saying that a tenant is asking you, as the owner, to repair the wall? The description given in the article is the tenant’s responsibility for repairs. Nathan

          Reply
  72. Monica

    Hi, I have a question regarding repairs. I notified the landlord of a leaking faucet in the kitchen, leaking in to the cupboard below.
    They organised a repair guy to come in. He replaced the whole faucet, not considering replacing the seal on it. Then our agent gives me the bill, saying I as tenant have to pay all repairs under 3000czk ( the bill was 2987czk…).
    My question is; am I obliged to pay when there is no repair, only replacement? Also what is the limit pr repair, and total annual amount the landlord can claim the tenant to pay? Also, does this new law from 01.01.2016 have a retroactive effect?

    A lot of questions here. I am just growingly frustrated, as in my opinion ( which at all doesn´t matter) this law favours landlords that doesn´t maintain their property as now most costs can be put onto the tenant..

    Reply
    • Czech Point 101

      Hi Monica, Please see the subheading on ‘Repairs’ above. The repair of sewer and plumbing including faucets is the responsibility of the tenant unless the repair crosses the threshold of: “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)” Regarding validity of the law – anything that happened before 1.1.2016 I believe is under the old law and anything that has happened since is governed under the new law. It is not relevant, in my understanding, when the rent contract was signed. Hope that helps. Nathan

      Reply
  73. Samuel Rodriguez

    Hello, I am in a flat share for 3 months. 1st moth was a set price for a private room and all was fine. I paid for the second month 6 days early. The day after I paid the landlord tells me someone will be moving into my room and sleeping on the futon. And if I wanted to keep it as a private rm I would need to pay an additional 4000krz. I ask for my second month back so I could leave and she refused. I never signed a contract since it was only for 3 months … Am I correct in thinking I am at her mercy?

    Reply
    • Czech Point 101

      Hi Samuel, That sounds like a dirty trick on the part of the landlord, especially when you pay the rent early. Unfortunately without a contract there is little that you can do except perhaps negotiate it down. It may be a bluff to get you to pay more. Sorry to not have more positive information for you. Nathan

      Reply
  74. Anneka Thompson

    Good afternoon all…please could someone tell me if my landlord is doing the right thing when it comes to the water bill.My landlord comes at the end of the year for the money for the yearly usage of water..but he never shows how he calculates it..or never invoices us for it. He only tells us the total amount and we must pay him cash..but every year it increases too much. I am always working ..so I’m hardly home so we don’t use that much water. This year he’s charged is 6732 and when I question him about it..he told me something that doesn’t make any sense. Instead of charging me what I use..he said he must charge me from the main reader which is connected to about 10 other flats. I thought we should get charged from our own water meters not the mains? When asked for evidence of how he calculated it..he said it’s against the privacy laws. ..which I think is bs. Shouldn’t he be showing us how he calculates it and invoicing us for water we use from our own meters instead of the main meter? Thanks in advanced.

    Reply
    • Czech Point 101

      Hi Annenka, Utilities need to be calculated based on code 67/2013. Unfortunately I don’t have an English translation for that. However, it is common that there will be one water meter for a building of multiple flats. The water bill is then divided each year based on the number of occupants in each apartment. However, it is very strange if the landlord will not show you those calculations. Nathan

      Reply
  75. rayonnante

    Thank you for this very educational article.

    Could you kindly indicate in which Article or Paragraph there is a mention : “Unless agreed beforehand the owner cannot increase the rent unless there is a major reconstruction.” for contracts with a limited period, please?

    Also, Could you kindly confirm that a three-year contract is indeed considered as a limited duration?
    Thus, there should not be an increase during that three years without a major renovation.

    Reply
    • Czech Point 101

      Hi, Yes, three years is a limited term contract so for the period of the contract the owner cannot increase the rent unless there is a major reconstruction. Nathan

      Reply
      • Rayonnante

        Thanks, Nathan,
        Could you kindly confirm which article or paragraph specifies/refers the condition of major reconstruction, please?
        With many thanks,

        Reply
        • Czech Point 101

          Hi Rayonnante, I don’t know it from my head. I’m sure the civil code is available online. Nathan

          Reply
  76. Laura Yost

    Hello I recently moved in to an apartment in Prague. I went through and agency called flatio.

    I arrived late Feb 1st and went to sleep.Feb 2ed I was itchy and had red marks, I assumed this was from the travel.Feb 3 while in bed late at night I found several bugs in and on the bed. I caught several and I contacted the landlord the following Monday the 4th.

    The website tells us to 1st try to work it out with the landlord in person. Which I did. as the company directed and it which is stated very plainly on the website. there are screenshots of this as well as it being recorded in the flatio app.

    The Landlord and I discussed the issue. She offered sheets. I explained it’s more than the sheets, and in the mattress too. She said she would get me a mattress. I explained bed bugs infest the entire house, maybe the other apartments too. That it needed to be professionally cleaned and spray for bed bugs. She agreed. I also explained it may not fix the issue.

    The cleaning took place Wednesday the 6th. And as predicted did not solve this problem.
    I reported this to flatio on the 7th by email. Again this was all within the 1st week.

    flatio did not contact me until the 11th- four days later. Dispite multiple emails and phone calls. Which are also recorded and saved.

    Flatio spoke to the landlord who basically said she’s done what she is willing to do and is unwilling to move me to one of her other rentals and unwilling to give me a refund.

    Flatios website States they have a guarantee and will help find a new flat or put you in a hotel if there are issues with the flat.

    But of course now they are saying I had to report it to them, not the landlord. As now she has taken action and is no longer a viable reason to end the lease. Even though the issue is unresolved. They are also saying that it needed to reported the day after arriving on Feb 2 before 8pm.

    Basically refusing to help and giving me these two options.
    You have 2 options:

    The first one is to deal with landlord and together make decision, which you will agree on. It is only a matter of your agreement.

    The second option is that you will terminate the contract, throughout your profile, it means 30 day notice period. See article 5.7 of lease agreement.

    In this case we can help you, by holding your rent and not to hand it over to landlord, until you let us know, which steps you are going to take.

    But if I cancel my contract doesn’t that prevents me from a refund?

    Then I have no money and no place to live.

    Also the contract states;3. The Tenant is entitled to withdraw from this Agreement
    without a notice period pursuant to a written notice of
    withdrawal, in the event that:
    a. the Landlord fails to fulfill its duty under Article
    3.3 hereof even within 48 hours of being delivered the
    notification, or
    b. Landlord fails to fulfill its duty under Article 3.4 hereof,
    or
    c. the Residential Premises cease to be fit for use for the
    common purpose.

    Would this apply? Since the flat is not fit? Does that mean I can have my refund? Since they did not up hold their end?

    What are my rights? And the best course of action?

    Thanks for any insight you can offer.
    L

    Reply
    • Czech Point 101

      Please see my comment on your following post.

      Reply
  77. Laura Yost

    What are my rights when it comes to bedbugs. I’ve only been here 12 days. I reported the issue on the 4th day.

    The apartment was cleaned on the 6th day as per our discussion. But it was cleaned by a maid, not pest control. And the bugs are still here.

    Does this violate the agreement since the flat is not fit,and the issue has not been fixed?

    What is the best way to proceed? What are my rights?

    Reply
    • Czech Point 101

      Hi Laura, Thanks for your comment. This is really a horrible story and every tenant’s nightmare. Although I don’t know definitively I would presume that any judge would side with you that the apartment is uninhabitable. The best, however, would be to get an expert opinion that there are bedbugs in the apartment. You would have to pay for that. I would personally contact an extermination company to have them come in and give you a written assessment. The landlord should also be liable for any of your personal belongings which may be infected as well as paying for other accommodation while your apartment is fumigated. If you would like a legal opinion please send me your contract and details but we will have to charge you hourly for that: nathan@czechpoint101.com. I hope that helps and you can get it rectified. Nathan

      Reply
  78. Jannet

    Hi!
    I am living in Prague on a long-term residence permit. I have recently moved into a new apartment, so I need to change the address on my biometric card. The landlord is asking me to pay a 500 CZK fee for a “proof of accommodation” document that I have asked for, and claims that this is because the document needs to be notarised. I know for a fact that notarising such a document costs no more than 70 CZK, so I suppose they are charging a “service fee” on top of the notarisation. Is this legal for them to do? What can I do to avoid this unfair fee?

    Reply
  79. Thym

    I have signed a contract starting in one month, and have paid half the deposit. What are the consequences if I cancel the contract before moving in (approximately 1 month before the start date)?

    Reply
    • Czech Point 101

      Hi Thym, If the contract is valid (signed by both parties, any payments which validate the contract are paid) then the terms under the subheading ‘Cancellation of the contract by the tenant’ apply. To my knowledge the owner could sue for the full amount of the contract if it was for a limited term (ie. 1 year). In this strong rental market I doubt they would. Best would be to get an agreement on cancellation of the contract signed by both parties, perhaps with some compensation to the owner attached. Hope that helps. Nathan

      Reply
  80. Kris

    Hello, would you have more information about my rights when I am only renting a room in a flatshare? I have a sublease contract with the main tenant only in English. The period of the lease is specified in the contract. It is only for 3 months and it should end by May 31st. The main tenant verbally informd me that she will not to extend or renew the lease due to conflicting interests 3 weeks before end of May. I informed her the week after via facebook messenger that I found a new apartment and the dates I will vacate the room. Now the main tenant would not give back my deposit claiming that I only gave her 2weeks notice that I will not extend even if the termination date has been specified in the contract and she wasnthe one who said I can only stay until end of the month. What can I do at this situation?

    Reply
    • Czech Point 101

      Hi Kris, Sublease contracts are interpreted strictly on the terms in the contract and don’t fall under the law governing landlord/tenant relationships. Nathan

      Reply
  81. Kkstudent

    Hello,
    I have lived in a same house for 2 years, and planning to extend contract a year. But I’d like to extend till june, agency and landlord said it’s not possible, the period should be ended august. I’m planning to leave czech republic in june, that’s why I want to finish contrat earlier than august. Is it not valid the circumstances which mentioned above?

    Reply
    • Czech Point 101

      Hi, The contract can be any length of time agreed between the landlord and the tenant. It doesn’t need to be an exact one year length, for example. Hope that answers your question. Nathan

      Reply
  82. nadji

    Hi,

    I am moving out of my appartement in August, and the landlord increased the rent during the 4 years, but the original deposit is different.

    The landlord is obliged by law to give me back the deposit amounting the current rent that I am paying or not ?

    Thank you in advance for your answer.
    Kind regards

    Reply
    • Czech Point 101

      Hi Nadji, I am not sure if I understand the situation. With regard to the deposit whatever was agreed in the rental contract to be the deposit that is what should be returned or used to cover damages, depending on the circumstances. Nathan

      Reply
  83. Juanvi

    Hello,
    My girlfriend and I moved in to a new apartment in August 2017. The contract we signed with the owner didn’t have a limited duration, didn’t have any clause about a possible price increase and the monthly rent was 17000kc (13000kc + 4000kc services). After this, the owner never cared about us.

    A month ago, 2 years after signing our contract, my girlfriend asked the owner something related to the contract for her visa and at that point the owner went crazy and said that our contract was supposed to have a limited duration of 1 year and that they have to increase the rent to 18700kc (15000kc + 3700kc services). They kind of forced us to sign a new contract from one day to another with this increase and limiting its duration to 2 years (until August 2021). No new clauses added. We accepted and signed it without problem, as we didn’t want to move and the price was still ok.

    This week, one month after signing the new contract, the owner contacted us again saying that they have to increase our rent again by January 2020 to 21900kc (19000kc + 2900kc services).
    That means an increase of 22,37% compared to 17000kc that we were paying at the beginning.

    Is this legal? Can they increase the rent again in our contract 1 month after signing the new one which has a limited duration of 2 years?
    What options do we have?

    Thank you in advance

    Reply
    • Czech Point 101

      Hi Juanvi, Thanks for writing. So it sounds like you have a contract for a definite period of time (2 years) and the following applies: “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.” If there is no major reconstruction the rent price agreed would be valid for the duration of the contract. Nathan

      Reply
      • Juanvi

        Hi again Nathan and thank you very much for your fast and useful response.

        I would like to show this information from the Czech Civil Code to my landlord proving that what they want to do is not permitted by law, so could you please point me out to the exact section and paragraph where it’s written? I found something in the section 2249 – article 1, but you can interpret it in many different ways.

        Another question: if we disagree with this rent increase because, as you said, if there’s no major reconstruction the rent price agreed would be valid for the duration of the contract, could the owner somehow terminate our contract against our will and kick us out?

        Thanks again 🙂

        Reply
  84. Koko

    Hello!
    We rented and had a 2 years contract for an apartment with a 2 months rent deposit.
    3 months before expiring, we had a conversation with the owner about extension and we agreed that we want to continue to stay in the apt. He said that this is great and he will make an extension and send us. He also said that he will have no problem with 30 days period notice in case we want to move.
    The contract expired, we continued to stay in the apartment and yet we didnt received any extension document after our discussion.
    2 months after expiration of the contract, so after 2 years and 2 months, we informed the owners that we will leave the country and we will handover the apartment in 30 days, having our last verbal agreement in our mind.
    He was sorry about us leaving, us being good tenants during all this time, clean, decent, regularly paying the rent.
    He said he will make the calculations for the bills( he never did that during the term of 2 years contract) and contact us afterwards.
    We considered the 30 days notice after our verbal agreement and he did not disagreed us or said something else when we give him the keys.

    We left the country without the deposit, and we wrote him emails asking us to return the difference after he will finish the calculations for the bills.

    He replied and gave us a good feedback about the condition of the apartment, and he was happy with the state we left it.

    He invoked the expired contract that we need to wait 2 months for this, as this was the term written in the expired contract.
    We told him that we didnt received a new contract but he said that if we continued to live in the apt, the prolongation for the same contract was automatically active.
    Eventually after 2 months leaving the apt, he send us the calculations and discovered that he calculated a 3 months notice not 30 days as discussed, meaning that, no deposit for us because of only one month notice.
    We wrote him about our last verbal discussion but he still continues with the terms of the expired contract which he says he was active, even without signing the extension.
    What can we do in our situation to get our deposit back?
    If we knew that the notice period will be 3 months, we would have respected that for sure.
    We feel that we have been mislead doing this, after the verbal agreement with 30 days notice.
    We reminded the owner about our discussion, but he keeps invoking the terms of the contract and that what he is doing is considered legal.
    We consider his practice being abusive to us.
    If we contact a lawyer is there any chance of winning this, considering the lack of the extension of the contract and 30 days notice discussion?

    Thank you

    Reply
    • Czech Point 101

      Hi Koko, thanks for your email. This is a very complicated situation because you were effectively living in the apartment without a contract. Unfortunately without any proof of the verbal agreement it would be very hard to go back on the owner. I am not sure how much you had in deposit but legal fees could quickly consume any gain you hoped to achieve. I am sorry as this is probably not what you wanted to hear. Nathan

      Reply
  85. Antarra

    Hello,

    My landlady is witholding my deposit because she believes I have made a stain in the floor. She refuses to let me try and fix it even though I did not make the stain. She has stopped responding to any messages I send her. She doesn’t have any proof that I made the stain but neither do I. Is it possible to get my deposit back?

    Reply
    • Czech Point 101

      Hi Antarra, if you took her to court she would have to prove that you caused the damage. However with lawyers at 2000 CZK/hr + VAT it can get expensive quickly. It might be worth getting an attorney to send a letter to her with registered mail. It depends how much deposit you have. Nathan

      Reply
  86. Manuel

    Hello,
    I have a strange question: is there a law about the temperature at which the room of the rental should be (at minimum) ? My landlord is waiting to turn the central heating on and it’s getting cold inside!
    Thanks,

    Reply
    • Czech Point 101

      Hi Manuel, I don’t know of any law on that specifically. The unit needs to be kept in a livable condition. In American English we have the expression: “The squeaky wheel gets the grease” in this case meaning to keep asking and letting the landlord know about the temperatures inside the unit. Nathan

      Reply
  87. Jorge

    Hello,

    I would need to know where in the law can I find the legal basis for the following information mentioned in your article:

    “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.”

    Thank you

    Reply
  88. Madeha

    Hi, I signed a rental agreement for the period dec 12 – Jun 30. Written in this, I had to pay one months rent and a security deposit. I have paid this, but now the landlord has amended the contract (I have not agreed or signed this) for a further 2 months rent in advance, or I will not get the keys. This is too much money for me to pay upfront and had I known this i initially I would never have signed. However the landlord refuses to give me a refund of what I initially paid. Where do I stand legally and how can I get my money back.
    Thanks

    Reply
    • Czech Point 101

      Hi Madeha, That is a terrible situation. Since you have an original signed contract and have paid the initial money (hopefully you have verification of that), the owner cannot refuse to give you the keys. I think it is something you could go to the police for. Nathan

      Reply
  89. Terri

    Hi, can a landlord apply penalties for rent that has been paid before the 5th of the month in a month if the lease contract states that the payment must be made before the 20th of the previous month?
    What is stronger legally, the law or the contract?
    Thanking you in advance.

    Reply
  90. Terri

    Hi, one more thing please, we left our previous flat one month before the three month notice, rent paid for all three months, because the landlord agreed to the return of the last rent we paid so another tenant could move in.
    Now she does not want to return our last rent in addition to keeping our deposit for penalties explained in the previous comment. Many thanks

    Reply
  91. H

    Hi,

    I am renting an apartment with an eccentric landlord. When I first moved in, everything looked fine, but now I am seeing this was a facade. Things are cracked and she is trying to blame me, there was a huge flood the day before i moved in and she neglected to tell me. Whenever I inform her of something she acts like I am inconveniencing her because she is so busy. I feel like I am coddling her when I am paying her. I have been able to do a lot of minor repairs myself, but an issue has come up. The bedroom is full of mold. I wipe it up everyday., but she has told me in the past to “not touch the walls” as the paint will come off. I have developed upper respiratory problems and it keeps coming back. I know there are pipes in the walls and they are leaking because I can hear the water running. Is there any way I can go to her with this firmly as it is a health concern? Any code I can cite? I feel like I should not be paying for this many things already when nothing was renovated correctly. I feel like I am tiptoeing around my own apartment.

    Reply
  92. Richard

    Hi,
    I find your explanations to be very interesting and helpful.
    My wife and I have a situation where we are renting an apartment and the lighting in the hallway and stairs is inadequate and dangerous. More specifically, it is motion-activated but often does not come on and we are left in the dark when leaving and returning to our flat, as well as being left in the dark going down and up the stairs. This is dangerous and my wife nearly slipped and fell going down the stairs a few nights ago. It is also difficult to see in the dark to unlock and lock our front door. Can you please advise (1) if there is a law requiring tenant buildings to be well lit, (2) if there is a governmental agency we can make a complaint to, (3) what are the landlord-owner’s responsibilities in this regard, and (4) if it is possible to sue in a Czech court for injures suffered as a result of inadequate and unsafe lighting. We pay a lot of rent and have already complained to the owner about this but he has done nothing. Thank you very much for our advice.

    Reply
  93. Amanda

    Dear Nathan,

    I don’t know if you’re still answering, but giving it a shot.

    We have some kind of sewer problem in the building, nothing serious just seems like the sewer in the yard is full (I don’t know exactly) and today the landlords minion told me they will be collecting 300czkr from every tenant because this expense was high. There has been just a sensor beeping in the yard for few days, no smell or water damage anywhere.
    Is it completely valid? This sum will be around 12500czkr from the whole building.
    My landlord and his minion don’t speak English so all this was u defat pod by google translate and my bad czech.
    I hope to hear from you and thank you!

    Reply
    • Czech Point 101

      Hi Amanda, Without having more description it would be really hard to say. It sounds like a septic field but wouldn’t be the case if the building is in a city. If it is an improvement to the property (because something was done incorrectly, failed out of normal use, etc.) the tenants should not be paying for that. Based on the math are there 41 tenants in the building? Another factor would be whether there are too many tenants for the original capacity of the septic field. Many questions – you could push back on the landlord or talk to other tenants to collectively try to find the reasons. On the other hand, it might not be worth 300 CZK of your time. Nathan

      Reply
  94. Dmitrii

    Hello,

    I have a quite serious issue. My previous landlord gave us a choice between two options after end of our agreement. She offers to give the deposit back without overpayment for electricity (around 10000 CZK) or to postpone giving back the whole amount of deposit + overpayment for electricity till the next year because only then will be recalculations of water bills. It seems that she manipulates us with civil code and agreement but I did not find anything about that. Tell me please, does she have the right not to give any money back till the next year?

    Reply
    • Czech Point 101

      Hi Dimitrii, It is typical, and I believe in the law, to settle utilities by the middle of the following year for the previous year. That is when there is a reading of the actual usage versus deposits paid and a calculation made of amount owing or overpaid. However, there should not be a withholding of the entire damage deposit until that calculation is done. I hope that helps. Nathan

      Reply
      • Dmitrii

        Dear Nathan,

        Thank you very much for your reply. The problem is that the landlord does not want to take 1500 CZK (as we agreed previously) just in case of underpayment for water. Now she insists upon withholding the entire deposit till next year and says that it is lawful. Tell me please, is there any paragraph in the Civil Code using which I could argue with her?

        Sincerely,
        Dmitrii

        Reply
  95. Ruben Fragoso

    This is very usefull, but my question is, where can i find that Act/Article in the Czech Law where all of this is written?

    Reply
    • Czech Point 101

      Czech law 89/2012 Sb. which came into effect 01/2014 – Section 3 starts with Rent. Nathan

      Reply
  96. Carl Form

    Hi there,
    Due to Covid, I was stuck in Italy for three months, and I have no jobs, and had to spend all my savings just to survive. Long story short I owe the landlord three months rent, but I don’t have the money and I don’t know it it is really worth for me to fly back to Prague. What could happen if I don’t pay him? It needs to be said that back in April I contacted him several times informing him of my financial situation and he totally ignored me. Now that he has realised I haven’t paid he wants the money back. I had some friends going check the house and all the stuff it’s still there. Is there anyway that he can make me pay this money back?

    Reply
    • Czech Point 101

      Hi Carl, That is a terrible situation and I’m sure there are many foreign tenants in similar situations. See point 2 under ‘Cancellation of contract by tenant’ below. If you have a fixed length contract you are required to give 3 months notice under change of personal circumstances which I would argue the present conditions would fall under. To cover that the landlord can keep your damage deposit. Normally they could sue you for whatever remains owing under the contract. However, how a judge would view this under COVid-19 circumstances would be debatable. Nathan

      Reply
      • Carl Form

        Hi Nathan,

        Thanks for the prompt reply, even if he did sue me, could the order reach me to Italy? Or will it be something only valid in the Czech Republic?

        Reply
        • Czech Point 101

          Within EU countries it is possible to pursue these debts but it is difficult and costly.

          Reply
          • Carl

            Thanks again for that. He operates via a company because he owns a lot of properties. What I was thinking of doing is to free the house by the beginning of next month (that will make 3 months exact of me not paying rent), so he can rent it again to whoever he wants. He can keep my deposit, and at this point I hope he will not chase me for the rest of the money (around 48K) all the way to Italy. Worst case scenario I could always agree to a repayment plan in smaller sums over a longer period of time, because at the moment I really have no money and no work.

  97. alecs

    hello there,
    i currently face a difficult situation with the landlord where i used to live where he does not want to return the deposit claiming damages to the apartment because mold devoloped in the ap and distroyed furniture and stuff, after the protocol was done and he signed that no other cost will incour. now he changed his mind and he says will not return the deposit and even threaten with lawsuit. i made him aware more than a ywar ago that mold develops on the ap and asked what should i do. he just said to use anti mold agent and i lived so for long. on top of all this he brought in my ap while living during covid period people to take photos of ap and even organised ap viewing.

    Reply
  98. Rodrigo

    Hi my name is Rodrigo. I am about to sign a contract for one year rent and i see that there is a clause mentioning that landlord can increase rent once per inflation. Is this something common?
    Another question, it says also that i need to hand over apartment painted and in the same conditions with regard to the normal amortization. is that correct? Thanks!

    Reply
    • Czech Point 101

      Hi Rodrigo, Please see this article and the following one on what is in the law. If you agree to something other than what is here the contract usually takes precedent. Nathan

      Reply
  99. Sandra Sweeney

    Hello,
    I have recently bought a small furnished flat which I have rented for 7000+utilities. I suppose I was not very smart because I allowed the tenants to move into the flat with the proviso that the security deposit be attached to the first month’s rent and that I would accompany the tenant to the utility companies to transfer the utility bill to his name. He has paid the rent, but not the security deposit and no matter how many times I have contacted him I cannot get him to meet with me to change the utility bill to his name. So, I am still paying the utilities. I have to say, I’m a bit fed up and would like to end the contract, but I don’t know which part of the law applies because he did pay the rent. What should be my next step?

    Reply
    • Czech Point 101

      Hi Sandra, That sounds terrible. It looks like you managed to get someone who knows the system. The best would be to have a lawyer have a look at your contract to see what can be done. You can email me at nathan@czechpoint101.com. Nathan

      Reply
  100. Craig

    Hi,
    My landlord (through an estate agent) wants to terminate the lease earlier as they want to live in the flat. They tell us we have 2months (under Czech law) to move out but our contract (and your blog) says 3 months. Which is correct? Thanks

    Reply
    • Czech Point 101

      Hi Craig, I haven’t looked into this recently but I don’t believe there have been any changes in this law. It is as stated on this blog post – if the contract is for an unlimited time period the owner can cancel the contract with three month’s notice if they are going to use the apartment personally. If the contract is for a fixed period (ie 1 year) the only reasons the owner can cancel the contract are for those listed. Some matters can be agreed separately in the rental contract (and I forget if this is one of them) but if there is nothing in your contract otherwise, the laws in this article regarding cancellation apply. Nathan

      Reply
      • Jana

        Hi team,
        Is there a legal maintenance period for gas boilers? Would it be legal to have one for 6 years without anybody servicing it?
        Thanks

        Reply
  101. Jim

    Hi,

    My former landlord recently told me that he would not be returning my deposit because a former roommate wrote a letter claiming I was smoking in the apartment. I don’t smoke at all. This claim was never brought up while I was living there. Is there a way for me to dispute this or ask to see the letter? Thank you.

    Reply
    • Czech Point 101

      Hi Jim, The landlord would have to prove damages to the apartment by producing invoices for cleaning, etc. unless you agreed to a penalty for smoking in the apartment. Nathan

      Reply
      • Jim

        I did agree to pay a penalty, but is a vague claim that at some point in the past someone said I did it enough to refuse to return my deposit? Would this accusation need to be acted on in a timely manner?

        Reply
      • Jim

        There was a stipulation about not smoking in the apartment. Is just a belated claim that it happened enough or can I dispute this? I also have my two most recent roommates who will verify this.

        Reply
        • Czech Point 101

          Hi Jim, It is possible to dispute everything. Lawyers are 2000 to 2500 CZK/hr + VAT. You have to calculate whether potential gain is worth the cost, time, stress and risk. Unfortunately there are not easy, cheap ways to get legal solutions to these issues and landlords can take advantage of that. Nathan

          Reply
          • Jim

            Thank you so much!

  102. Daniel

    Is it legal from a landlord to put in a lease agreement an interdiction to welcome guests?
    If not, does the tenant who signed such agreement is enforced to follow the rule?

    Thank you.

    Reply
  103. Erica

    I am planning to purchase an apartment for myself, but there is a tenant with a lease contract valid for several months. Am I obliged to inherit this contract as owner or will be contract be void with the change of ownership? If I inherit the contract, how can I make the tenant to leave the apartment?

    Reply
    • Czech Point 101

      Hi Erica, The lease will come with the property you are purchasing and will still be in effect. It is not affected by the sale of the property. Please be certain to get a copy of the contract and it can even be good to have the seller show that the tenant is making the rent payments. So then you know you shouldn’t be inheriting a non-paying tenant that you will have to go through the courts to remove. Hope this helps. Nathan

      Reply
  104. Cristian

    Hello,

    I am planning to move out of the flat where I have a lease contract that was set on a fixed period of time, which expired already. The landlord is saying that the contract got automatically extended, on basis of Czech civil law. There is no specific clause in the contract about automatic extension of the contract. Is he right about the automatic extension? Even though it’s not specifically mentioned in the contract?

    Thank you,
    Cristian

    Reply
  105. BitterSweet

    Hey there!

    First of all I would like to say that your page is highly appreciated and that I am a big fan of your work. Thank you.

    I am subleasing a room in a flat. My sublessor (also a tenant and a flatmate) made a contract for a definite 1 year period from December 1st 2019 until December 1st 2020(I am written on the contract as well as a tenant).

    I have notified my sublessor at the end of the contract, exactly on the December 1st 2020 that I have found a new flat and that I am moving out until 20th December 2020 (our contracted payment was on 20th every month, so I am having rented room from 20th November until 20th-31st of December 2020). The contract was not prolonged in any written form since the original one has expired on December 1st.

    My sublessor is refusing to refund me my portion of the deposit stating that I need to give him 2 months notice before I leave, or to find another tenant for my room without his help. I am somewhat successful in finding interested parties, however sublessor is refusing all of my suggestions and leads based on their racial, national and sexual orientations, sabotaging every person interested in the room, and not even searching for my substitution himself. Subsequently, he is excepting that the next rent from 20th December to 20th of January will be covered from my portion of the deposit and he stated that deposit will not be returned.

    Apartment was leased to him by a third party in the name of the owner. Them two are having good relationship. My sublessor is refusing to show me the contract or to provide me a contact from our primary lessor with whom the contract was signed (contract was signed by two of them).

    My questions are:
    1. Am I obliged with this 2 month notice period, which is not stated in a contract for after the contract expires?
    2. Am I legally entitled to claim back my portion of deposit from my sublessor?
    3. If he refuses, what are my legal options?
    4. Is it wise to get in touch with our contract lessor?
    5. What are my obligations as a sublessor, as I am stated in a contract but not a signee?

    Thank you so much in advance and I am desperately awaiting your response.

    Yours truly,

    BitterSweet

    Reply
    • Czech Point 101

      Hi, Thanks for the detailed description of your situation. It is a little more complex than normal because you are on a sub-lease. So if I understand correctly on the lease contract – between the owner and the person who rented to you – you are mentioned not in the beginning of the agreement as a party of the agreement but later as another occupant? Do you have a sublease agreement between yourself and the first tenant? Thanks, Nathan

      Reply
  106. BitterSweet

    Hey Nathan,

    Thanks for reaching out.

    Onn the lease contract – between the owner and the person who rented to you – I am mentioned in the beginning of the agreement as a party of the agreement, but I am not a signee. Unfortunately, I don’t have any contract between me and my sublessor.

    Reply
    • Czech Point 101

      hi, i would have to refer this to our lawyer and we would need to see the contract but it sounds like you technically have no agreement at all so it would only be based on word of mouth. in these two articles are the typical terms for giving notice but if a person is a subleasee then it depends mostly on the agreement between the first renter and the subleasee. Nathan

      Reply
  107. Yka

    Hi. Winter has come and the moister in our apartment is unbelievable. We tried to contact the owner/holding company via phone, SMS, and email, they totally refuse to take any action in our problem. The holding company answers the phone and all they say is that they can’t do anything. We also have mildew in the apartment, but no reaction from the owner. We have sent them a lot of photos to prove our point, but no. The whole thing culminated last spring when the entrance door to the apartment was changed because semblance reason, very nice yes, but wrong door. Any idea what to do?

    Reply
    • Czech Point 101

      Hi, if there was any plastering done inside the apartment it will result in very high moisture content for about a year afterwards. If your door was replaced they probably did some plastering around the door but probably not resulting in the amount of moisture that you are indicating. About the best you can do it to ventilate daily. It is also possible to get dehumidifiers but they usually will only do a room between 20 to 30 m2 and use a fair bit of power. Not sure if this helps or not. Nathan

      Reply
      • Yrjö Halinen

        Thanks for your replay. I have a bigger problem that I thought so I wonder if there is an official “construction hygienist” that is working for the government that I can contact? Because no we found more mildew, much more! We also have a lot of contaminated clothes and so on that is not possible to use anymore. This is also bad for our health, have we any rights, owner needs to get us an other place…?

        Reply
  108. Felizardo

    I am writing to you because I need your assistance on an issue that I am having with my landlord. I have been renting a room in a shared apartment for six months now. Everything was okay until the last few days. The apartment does not have a central heating system, and we did not know because we took it in summer (June). When it started getting cold, he shrugged it off. Consequently, we started using the electric heater that was in the room (he bought it).
    When the landlord found out that we were using an electric heater was not happy about it. Two weeks later, he showed up with an exorbitant electricity bill deposit (around 20.000 CZK), which, according to him, we have to pay: I have to pay 11.000 CZK, and my co-tenant has to pay 9.000 CZK. He claims that the electric heater consumes lots of electricity, but he did not provide an alternative. The 20.000 CZK is for the last two months that we have been using the electric heater.
    There are several questions regarding this issue. First, I wonder how we were supposed to live in a house without a heating system this winter or pay an exorbitant sum for the heating. The apartment is extremely cold, and I do not know what to do. I want to terminate the contract immediately as it is hard to live in the apartment, and I cannot afford to pay this exorbitant amount for heating. I also wonder if I should pay such amount of money he claims I should pay. What should I do in this situation? How can I go about it? Can I get a lawyer from the Czech point that can help solve the issue?

    Reply
    • Czech Point 101

      Hi Felizardo, It will depend on what is in your agreement with the owner as to who pays what. Nathan

      Reply
      • Felizardo

        We have agreed that I have to pay 1.700 KC for utilities a month. Can you please elaborate a bit on this issue?

        Reply
        • Czech Point 101

          Is that a verbal agreement or something in a contract? If it’s a verbal agreement it will be very difficult to prove in court. If it is in a contract and 1700 CZK is a fixed amount and not a ‘deposit’ toward costs you would not have to pay more. Hope that helps. Nathan

          Reply
  109. Ondrej Bergmann

    Hello, I have a question regarding the form of payment for flat rentals. I’m leaving in Prague since 2017 in the same flat I rented back then. Recently the owner told me that some legislation changes happened and he’s asking to pay in cash instead of bank wire. Is there any possibility of getting hurt with this form of payment? Isn’t this form of payment a way of escaping the tax authorities that could leave me vulnerable as a foreigner?

    Reply
    • Czech Point 101

      Hi Ondrej, I am not sure why the owner would say that. I would be sure to get a signed receipt if you pay in cash. Nathan

      Reply
  110. Francisco

    I am outside the Czech Republic and have been for several months partly due to COVID. While away, the landlord of the flat I was continuing to rent in Prague terminated my lease under the “tenant severely violates their obligations under the lease” clause. Basically, he argues that due to my repeated lengthy absences the place is in a state of disrepair. Although I’m not in full agreement, it is beneficial to me to stop paying rent anyway.

    I was able to get friends to remove most of my things but have been unable to do a proper clean-up and remove some items which were difficult to move. I’m afraid the landlord will try to get me to pay for additional things, but what if I disagree? I can refuse to pay, but do you think a landlord would bother pursuing legal avenues to collect from a tenant who is outside the EU and who knows when he’ll return (if ever)?

    I do still have a Czech bank account, so my biggest worry is they could somehow get a judgement against me in absentia and seize money from me that way.

    Reply
    • Czech Point 101

      Hi Francisco, There are more than a few of these situations I’m sure right now and nothing that we are aware of has gone through the courts. So it is really hard to say what the law would say on this matter. It is difficult and time-consuming to get a court order executed in another EU country even though it is possible. The landlord should be able to give you all invoices for work that was required in the property to get it back to a rentable state. That would be needed for use of any damage deposit you have or if they make further claims. Not sure if that helps. It is really uncharted territory right now and hopefully in these situations both sides can cooperate to a mutual settlement. Not sure if that helps. Nathan

      Reply
  111. Varun Burde

    Hello,

    May I ask is there any law for cancellation of the contract for not a proper living condition?
    I recently rented an apartment where I signed a contract and paid a deposit plus a month’s rent. In hurry, I wasn’t able to look at most of the things before. When I arrived the first day I have found the place to be suffocating as there is no window in the house. The apartment has just one long glass door as an extra exit which is paired with the netted door and its only air passage in the house. The door can be hooked by a door chain mechanism, but it is not a safe way to hook it. I have noticed that netted door has been damaged previously from the area just behind the chain hook. I think it is easy to cut and break into the house in this way. Also, I suspect the previous damage to the netted door may be caused due to breaking attempt which made me fearful. I requested the landlord the cancellation the contract as this is not acceptable for me. In compensation, I offered one-third of the deposit and requested a refund of my month’s rent and the remaining deposit without using the apartment a single day. I haven’t slept a single night in the apartment and kept the key in the house itself on the first day.
    I understand there is my mistake as I didn’t check everything properly before signing the contract. I am willing to give some money as compensation. But since I send the landlord this request, they have been ignoring me.
    I want to ask what can be done about this issue? I am a foreigner and I don’t know much about rules in Czech, can someone provide some advice?

    Thank you in advance

    Reply
  112. John

    Due to COVID related issues, I am forced to leave the Czech Republic by the end of May. As the sublease agreement does not regulate notification period, that means that 3 months period are valid and the lessee insists on that. Furthermore, after May I will not be able to pay those two months which the lessee requests even if I want to do so, as I have lost my source of income. The lessee does not want to make any arrangements and I am wondering if there is something I can do and is there a chance that the court will terminate the agreement based on the changed circumstances if the lessee wants to take the case to the court.

    Reply
    • Czech Point 101

      Hi John, Thanks for your questions. Sublease contracts are governed by the term in the contract but where they are lacking my understanding is that the courts have used the landlord/tenant laws. In my opinion it would be unlikely for someone to pursue a claim for someone who is living outside Czech Republic. In the EU it is possible to have a claim enforced through member states but the amount of time and cost to do so makes it unlikely unless a large sum is involved. If you have agreed to payments I am not saying that you should avoid them only that perhaps you can come to some sort of agreement terms based on the extenuating circumstances – perhaps repayment over a longer period of time. I am not sure if that helps. Nathan

      Reply
  113. Andre

    Hello,

    I have a quick question related to the yearly rented flats service fees reconcilliations. Who has the obligation to pay the “spravni poplatek” within “Ostatni predpisy vymerene za obdobi vyuctovani” and “spravni fond- SVJ” within “Fondy vymerene za obdobi vyuctovani”? Those items are the responsibility of the landlord, correct? Not the tenant?

    Reply
  114. Andre

    Hi there,
    We rented an unfurnished apartment for 4 years and are about to move out. Behind the stove there is a glass wall covering (55cm high 2 meters long), due to heat it cracked and the replacement of the glass costs 16,000. The landlord wants us to pay for it, is that correct or shouldn’t this be a cost that the landlord has to pay? The glass cracked to due the heat of the stove during cooking.
    Thanks, Andre

    Reply
    • Andre

      Even scatchier we did not bet an email reply, but were offered over telephone to go half-half for the cost.
      Isn’t this suspicious?
      Thank you, Andre

      Reply
  115. Maria

    Hello,

    I would really appreciate your advise on an issue me and my partner are facing.

    So we have a 1 year fixed term rental contract, we just moved in last month, however since we moved in we have not been able to sleep or rest in anyway shape or form due to the upstair neighbor stumping , running, banging stuff constantly throughout the day and throughout the night , even after the legal quiet time, such as music playing till 1am, him walking makes our doors, lights and walls shake, him walking sounds like our ceiling is about to break down, I cant even consider going to bed before 2/3am because the neighbor is constantly making loud noise. Throughout the night I can hear how many times he goes to the toilet as he makes sure to walk like he has bricks on his feet, I cant even have a proper meeting without my working colleagues being able to hear the bangs via the microphone, and the list is endless. This is every single day without any exception. We have had several conversations with him and also did our landlord, however nothing has changed and it just got worse in fact. The police was called after hours, but of course he did not open the door to them and the moment they left, the stumping began again. This is of course affecting us in many ways physically and mentally since we can’t sleep or rest, do we have any grounds to cancel before the end of our fixed term rental contract based on this?

    Many thanks for your opinion on this in advance.

    Reply
  116. Thomas

    Hello,

    I am a landlord and rented my apartment. On the day of the handover back to me, the tenant left the keys in the flat and left it before I arrived. It was not cleaned properly and some of her stuff was still in the apartment. And of course, there is no signed handover protocol.
    Because the next tenant moved in the day after, I had to clean the apartment and throw away her things together with my wife, it took us a total of 10 hours to get it to a normal state. Additionally, there were some scratches on the floor.
    We want to keep 4000 CZK from her deposit, which we think is still more than fair to her but she does not want to accept that. We took pictures of the apartment. What is my legal basis to withhold the deposit?

    Thanks in advance!

    Reply
  117. Tom

    Good evening

    I have been at this apartment for 5 months now and I have given a notice in July (9th) to move out. The contract states that it has to be minimum 2 months but the landlord has found a new tenant already and he is moving in on 1st Sept. The landlord is insisting that the deposit has to be used to find a new tenant, drawing up of new contract and cleaning. Could I still get my deposit back? Or does it not qualify as I have given the notice few days too late?

    Thank you in advance

    Reply
  118. Jacob

    Hi Nathan,

    Many thanks for these invaluable insights. I had an additional question:

    I’ve a contract for a lease to begin a day or two from now (Sept 1). However, following a verbal argument, the landlord is refusing to honor the lease–i.e., they are withholding the property’s keys, and want me to accept my deposit back. While the living environment has clearly become toxic, and while I should probably find a new place, it’s all such short notice. And I feel like I have been wronged. Can you recommend next steps?

    Reply
    • Czech Point 101

      Hi Jacob, If you have a signed lease the obligations under the subheading: ‘Cancellation of the contract by the owner’ apply. As a forewarning, the legal system here typically takes years and probably the stress is not worth it. It may be good that you found out the true character of your landlord before moving in. Nathan

      Reply
  119. Albert

    Hello,
    I am an expat. I just moved to prague. My least contract says smoking is prohibited. I signed this contract. What do you think about this. I read according to the czech law smoking cant be prohibited.
    Thanks

    Reply
  120. Fran

    Hello,

    I have a question regarding my flat.
    I am about to leave my current flat in Prague and the landlord told me that by law I have to paint all the flat before leaving.
    Is he right?
    I was in 3 other flats before and noone asked me to do it.

    Thank yo veyy much

    Reply
    • Tom

      Hi

      I’m renting an apartment in Ostrava and I’m thinking of moving out, but the landlord is telling me that by law I have to paint the flat before leaving. The odd part is that it’s not written in the contract. It is true that by law I have to paint the flat? Thank you

      Reply
      • Czech Point 101

        Hi Tom, It is supposed to go back almost to the condition as per when you rented so painting is typically something tenants would do. It is often just spot painting where there are marks or damage. Nathan

        Reply
  121. Fran

    I have to add few things more,
    1. I doubt that when I moved in the flat was new painted, and the floors were repaird, (but I didn’t know in that moment that was mandatory)
    2. he is asking me to allowed him to show the flat to other people while I am still in it, Can I reject it this?

    Reply
  122. Rick

    Hi,

    How many increases/year are legal? I signed a one year contract (with auto-renovation if no part notifies the other 3 months before expiring date).

    The contract says the monthly fee will be updated based on inflation but no more than that (which is the case for the requested % increase), but I am not sure if it is legal that she requests these adjustments more than once a year, and also if it is actually legal if the contrat is for 1 year with auto-renovation? The other thing is that she just expects me to pay this increase in the next month but I think i should have been notified 3 months in advance.

    Thanks a lot for your clarification!
    Rick

    Reply
    • Czech Point 101

      Hi Rick, I think it would depend on the wording in the contract. Typically adjustments for inflation are once per year. Nathan

      Reply
  123. Akansha

    Hi! I have a query, my old landlord after 30 days of me leaving the flat returned my deposit but he has withheld a part payment which he believe was my fault but I have multiple times told that I did not do it.

    I never agreed to the alleged fault. Can the landlord withhold my deposit? also can I charge them interest on the balance amount which they are yet to return?

    Reply
    • Czech Point 101

      Hi Akansha, The landlord would need to prove the damages based on a turn-over report at your move-in vs your move-out plus a professional estimate for damages. However, if they don’t agree to that voluntarily you would need to take them to court, which is lengthy and costly. Usually the best first step after exhausting all in-person attempts is to get a lawyer to draft a letter and send it registered post. Nathan

      Reply
      • Akansha

        Thank you so much. Are you aware of any NGO’s or lawyers who do pro bono work and will be able to help me with my case?

        Reply
  124. Akansha

    Thank you so much. Are you aware of any NGO’s or lawyers who do pro bono work and will be able to help me with my case?

    Reply
    • Czech Point 101

      I believe I saw at some point a tenant association in Czech Republic where members would have access to cheaper legal services. You could search on it.

      Reply
  125. David

    I have two parking spots in my contract which we use regularly, however a few weeks ago my landlord wanted to take one back and give it to another tenant in the building which we refused as we use them. There has been a car parking in my spot over the last few weeks when confronted about parking there he stated the landlord gave him the spot and he pays for it. Its still contracted to me and I pay for it as well, surely he is not allowed to do this right. Where do I stand from a legal POV here ?

    Reply
    • Czech Point 101

      Hi David, We would have to look at your contract but in general it is not legal to rent the same property to two separate parties who are both supposed to have equal rights to it. I believe it would fall under a legal category called ‘unjust enrichment’ or something to that effect. Nathan

      Reply
  126. Sahar Cohen

    Hello,
    Me and my flatmate wish to prolong our contract for next year and in our lease it is stated “the lease is for 1 year… with an option of prolonging”
    Is this a binding information? The landlord can decide not to continue our rental period with no breach of contract from our position?

    Reply
    • Czech Point 101

      Hi Sahar, the option is the owner’s. If he decides not to prolong there is no obligation for him to do so. Nathan

      Reply
  127. Dave B

    My landlady is going to advertise my flat with estate agents to see what rent people will pay for it, and if I don’t / can’t match it, then she will evict me. Is this allowed?

    Reply
    • Czech Point 101

      Hi Dave, Please see the section in the article above on rent increases and have a close look at your contract. Nathan

      Reply
  128. Katherine

    Hello, our lease will end Sept. 30, and we don’t want to renew. When do we tell the landlord that we don’t want to renew the contract and that we will leave on the last day, Sept. 30? 3 months in advance? June 30? July 1?

    Reply
    • Czech Point 101

      Hi Katherine, There is no legal requirement to notify your landlord at all if you have a fixed term lease and no clause about auto-renewal. Nathan

      Reply

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