Court-ordered eviction is an unpleasant matter. It is preceded by arguments with the tenant and months of unpaid rent, and followed by a long court case with an uncertain outcome. This is a very unpleasant situation. In addition, the Civil Code (občanský zákoník) regards the tenant as the weaker party. It protects tenants so that they are not denied any of their rights. From the Civil Code’s point of view, the tenant therefore has the advantage in any dispute. That is why we should be very careful when choosing a tenant, so that we do not have to deal with court-ordered eviction in the future.
Choose tenants carefully
We should be very careful when choosing a tenant. It is best to look up their profile on social media. We can also check the insolvency register and the central register of enforcement proceedings. This helps us avoid serious trouble. Always choose people whose life situation is stable, especially those with a permanent job. Be cautious, for example, with students and very young people living alone. Before handing the keys to our new tenant, we photograph the whole property.
Deposit
Always take a deposit from the tenant. It serves as security in case they stop paying rent. The amount must not exceed three times the monthly rent. If the tenant stops paying rent, we can use the money from this deposit. The tenant is then obliged to top it up to the originally agreed amount.
If we use up the deposit and the tenant still does not pay, we can move to terminating the lease. First, however, we must ask the tenant to remedy the breach. We ask them in writing to pay the debt. Once the amount owed reaches three months’ rent (including advance payments for services), we can terminate the lease with immediate effect, that is, without a notice period. The non-paying tenant must clear out and leave the property without undue delay, and no later than one month after the notice is delivered. This situation is very unpleasant, especially for us as landlords. We are losing money.
Court-ordered eviction
What if the tenant refuses to move out? Our first thought may be to put their belongings outside the flat and change the locks. However, we could then come into conflict with the law for restricting personal freedom. Nor should we cut off the water or electricity. That would also be a criminal offence. The only correct option is court-ordered eviction.
So we file a lawsuit with the court for eviction from the flat. The lawsuit must be preceded by a pre-action notice. It is best to take the whole matter to a lawyer, who will help us draft the lawsuit and give us the necessary advice. To draft the eviction lawsuit, we prepare all evidence and documents: the lease agreement, the notice of termination, payment reminders, bank statements proving that the tenant did not pay rent, and so on.
Court-ordered eviction, how long does it take?
Our legislation leans too far towards the tenant and always treats them as the weaker party. It puts the inviolability of the home and the right to use the flat ahead of ownership rights. In addition, our courts are overloaded and take their time with everything. Our problem with non-paying tenants can therefore drag on for several months. The tenant can also appeal. If the court decides that we are in the right, it issues a judgment ordering the flat to be vacated by a set date.
Eviction by a bailiff
If the tenant complies and vacates the flat, we are halfway there. We photograph the condition of the flat, change the locks and send the tenant a demand to pay the unpaid rent and the damage they caused to the flat. If they do not pay, we file an application with the court for a payment order.
The problem arises when the non-paying tenant refuses to move out even though the court judgment is final and enforceable. We then have to turn to a bailiff who carries out enforcement (exekuce) ordered by a court (a list of bailiffs can be found on the website of the Czech Chamber of Executors). Alternatively, we can file an application with the court for enforcement of the court decision. The court will then appoint a court enforcement officer to clear the flat, who proceeds in a similar way to a bailiff.
Within 15 days, the bailiff informs us that enforcement has begun and sends the tenant the enforcement application and a notice to move out. The bailiff ensures that the flat is cleared on the set day and that the non-paying tenant (including all co-occupants) leaves the property. The bailiff charges 10,000 CZK (about 460 USD) per property for the eviction.
Any of the tenant’s belongings that they do not collect are placed by the bailiff in storage with the municipality or another body, at the non-paying tenant’s expense. After six months, the items are sold and the proceeds go towards the storage costs. Unsold items pass to the state.
Lawsuit for eviction from a flat
The lawsuit must always be filed in writing. Required details:
- personal details of the claimant and the defendant (first name, surname, date of birth, address, birth number (rodné číslo)),
- description of the property,
- address of the court to which the lawsuit is sent,
- a list of all facts entitling the claimant to evict the defendant,
- evidence (lease agreement, payment reminders, bank statement),
- the claimant’s demands.
The lawsuit can be filed in person at the filing office of the district court, by post or electronically.
Before filing the lawsuit with the court, we must send the tenant a pre-action notice. It must state the date by which the tenant has to move out. We submit a copy of this notice to the court.
Beware of habitual non-payers
Long-term letting of property is a risky activity in our country, precisely because of disproportionate legislation. Many habitual non-payers know this and deliberately take advantage of it. At first they seem decent, pay the rent and cause no trouble, and we feel we have found perfect tenants. The truth comes out after a few months. We find that the rent has not arrived, the tenants do not answer the phone and do not open the door. Decent tenants turn into stubborn debtors who ignore our demands and warnings. The only solution is court-ordered eviction. Before it happens, however, we can probably expect months of wrangling, arguments and stress.
We should always do our utmost to prevent such situations. As mentioned above, always check out the tenant on social media, in the insolvency register and in the central register of enforcement proceedings. Find out whether they are already subject to enforcement (exekuce) or insolvency.
Always take a deposit, ideally three times the monthly rent. Not only will we have money if the rent goes unpaid, we will also find out whether the tenant has the money for a deposit. This gives us an idea of their financial situation.
Conclude the agreement for a fixed term, ideally one year. Include penalties for breach of contract and grounds for termination in the agreement. Draft the agreement with an expert so that it contains all the important items.
We will inspect the property as a preventive measure, for our own peace of mind that it is being treated properly. Carry out inspections at least twice a year.
If we find that the rent payment has not arrived by the due date, we deal with the situation immediately. We find out why the payment has not arrived yet and when the tenant will pay.
Careful tenant selection can protect us from problems. If we do not feel confident choosing a tenant ourselves, we can have an estate agency handle the letting of the flat. An estate agent has experience in selecting tenants and will try to choose the best one for us. In addition, we do not have to attend viewings or deal with drafting the agreement. The estate agent arranges everything and charges a commission for these services, which is, however, paid by the tenant.
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USD amounts are approximate, converted at the Czech National Bank rate of 21.80 CZK per USD on 2 October 2026.
