A tenancy agreement is a document that governs the relationship between the landlord and the tenant. It is based on the Civil Code (občanský zákoník) and sets out the rights and obligations of each party. It also states the circumstances under which notice of termination of the tenancy can be given.
In this article, we explain the different ways to give notice on a tenancy and when the contract can be ended without a notice period.
Legal framework
The relationship between a landlord and a tenant is often specific in itself. At first, it may seem trouble-free, but only until a problem arises. Notice of termination often follows, and its rules are set out directly in the law.
The legal rules on renting a flat or a house are contained in Act No. 89/2012 Coll., the Civil Code (občanský zákoník). Besides the subject of the tenancy, the rent and the rights and obligations of the landlord and the tenant, the law also clearly defines the conditions for ending a tenancy.
In general, the law sets out two ways to end a tenancy: by agreement or by unilateral notice. The notice period is usually three months and starts on the first day of the month following the month in which the notice (or agreement) was delivered to the other party.
Ways to end a tenancy
The Civil Code (občanský zákoník) defines the ways in which notice can be given on a tenancy. Giving notice on a fixed-term contract is considerably more complicated than on an open-ended one. Notice on a fixed-term tenancy can only be given on statutory grounds.
The Civil Code (občanský zákoník) treats the tenant as the weaker party. It therefore often sides with the tenant, and the landlord’s rights are fairly limited. However, this does not mean that the landlord is at a complete disadvantage. The key is a well-drafted tenancy agreement.
Ending a tenancy by agreement on the tenant’s side
An agreement (unlike notice) is a bilateral legal act. This means that the landlord’s consent is needed for the document to be valid. When a tenancy agreement is ended by mutual agreement, the three-month notice period does not have to be observed. The parties can choose any end date.
An agreement to end a tenancy must be in writing. It includes the names of the contracting parties and the exact date on which the tenancy ends. The document is made in two identical copies, one for each party.
Notice on a fixed-term tenancy given by the tenant
Once a fixed-term tenancy is agreed in the contract, the tenancy should only end when the agreed period expires. In practice, however, the contract can be ended early, but only on statutory grounds:
- Change of circumstances: the law states that the tenant may give notice early if the circumstances on which the parties relied when signing the contract change. However, these circumstances must change to such an extent that the tenant cannot reasonably be expected to continue the tenancy. The most common examples are moving to another city for work, buying your own home, getting married in another city, or a difficult social situation that makes it impossible to continue the tenancy (loss of a job, serious health problems, deportation of a foreign national, etc.).
- Breach of rules by the landlord : the law clearly defines the options for giving notice without a notice period. This is immediate notice of termination by the tenant. A common reason is when the flat needs repairs so extensive that it cannot be used. The tenant asks the owner of the flat for alternative accommodation. If the owner cannot provide it, the tenant may end the tenancy with immediate effect. The same applies if a defect appears in the flat that makes living there impossible or difficult. Instead of giving immediate notice, the tenant has the right to claim a rent waiver or a rent reduction.
- Options agreed directly in the contract : the Civil Code (občanský zákoník) allows the contract to include a clause on ending the tenancy for any reason, or even without giving a reason. In practice, however, this option is not used very often when giving notice on a tenancy.
Notice on an open-ended tenancy given by the tenant
The options for giving notice on an open-ended tenancy are not as strict as for a fixed-term contract. In general, the contract can be ended at any time without giving a specific reason. However, you must allow for a notice period of 3 months unless you agree with the landlord to shorten it.
Notice must always be in writing and delivered to the other party’s address. Notice is valid once it is delivered to the landlord, even if the landlord refuses to accept it or does not collect it at all. Notice is a unilateral legal act, so neither the landlord’s consent nor signature is required.
Notice on a fixed-term tenancy given by the landlord
Like the tenant, the landlord can only give notice on a fixed-term tenancy on statutory grounds. This is possible, for example, if the tenant seriously breaches an obligation arising from the tenancy agreement (for example, carries out building alterations in the flat without the owner’s consent).
Another serious reason is failure to pay rent for more than three months. Others include damage to the property by the tenant (deliberate destruction, excessive wear and tear, etc.) or the tenant’s conviction for an intentional crime committed against the owner of the building or a member of their household. Last but not least, the landlord may end the tenancy if the public interest requires it (for example, an order from the building authority because the building is to be demolished). Notice may also be given for another serious reason.
Notice on an open-ended tenancy given by the landlord
In addition to the reasons set out in the previous section, a contract concluded for an indefinite period can also be terminated when:
- The owner needs the property for their own use, or for use by their spouse during or after a divorce.
- The owner needs the flat for a relative, or a relative of their spouse, in the direct line (grandparents, parents, children), or for relatives in the collateral line of the second degree (siblings).
The landlord must describe the reasons for the notice in specific terms. This is important for proving that the notice is justified if the tenant starts proceedings to review it. The tenant has the right to ask a court to review whether the notice is justified, within two months of delivery. If the owner does not state any specific reason, the notice can be assumed to be contrary to the law.
For a property owner, it is undoubtedly better to set the contract for a period of one year. A short-term contract helps protect against irresponsible tenants.
Immediate notice
The landlord can give the tenant immediate notice if the tenant breaches their obligations in a particularly serious way:
- The tenant owes 3 months of rent and service charges,
- damages and wears out the flat and its furnishings very seriously,
- uses the property for a purpose other than the one agreed in the contract,
- frequently disturbs the everyday life of the owner and neighbours (frequently breaking night-time quiet hours).
First, the owner asks the tenant to stop the faulty and unlawful conduct. The owner then states what they consider to be the tenant’s breach of obligations. Meeting both conditions is essential for the notice to be valid.
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Requirements of a notice
- Identification of the contracting parties (first name, surname, date of birth, permanent address).
- Description of the property (plot number, cadastral area, flat number, address).
- A detailed description of the reason for the notice, with photographs or other evidence if available.
- Information for the tenant on the option to object to the notice. The landlord suggests the option of having a court review whether the notice is justified.
- Date.
- Signature.
The notice is drawn up in writing and delivered by post, ideally by registered letter.
What about minor repairs?
The tenant carries out minor repairs in the flat themselves. By minor repairs we mean spending 100 CZK (about 4.6 USD) per square metre of the flat’s floor area per year. In practice, this means that routine repairs in a 60 m² flat will not exceed 6,000 CZK (about 270 USD) per year. If the total cost of routine repairs is higher than 6,000 CZK (about 270 USD), the owner of the flat pays it.
If the tenant finds any defect, they must inform the landlord without delay. The owner of the flat must immediately remove any defects that prevent normal use of the flat. The landlord always pays for larger defects and damage that the tenant did not cause.
A handover report protects both parties
Although a handover report is not a mandatory part of the tenancy agreement, it is essentially indispensable. It records the meter readings for the energy bills, the number of keys handed over and a list of defects, which can be supported by photographs.
A list of defects and their documentation is important when giving notice, as it allows the condition of the flat at the start and end of the tenancy to be compared. It often happens that the tenant hands the flat back in poor condition. The photographs help the owner decide how much of the deposit to return to the tenant, or whether to ask the tenant to remove all defects and restore the property to its original condition.
The handover report also includes the identification of the contracting parties, a description of the flat, the date and the signatures of the tenant and the landlord.
USD amounts are approximate, converted at the Czech National Bank rate of 21.83 CZK per USD on 27 October 2026.
