As an Expat coming to the Czech Republic for long term living you will very soon need to solve your housing situation. Like in every other place there are several options – sharing an apartment, buying a place or the most popular – renting an apartment. This article should give you some ideas about your rights when renting an apartment.
First of all, please keep in mind that most of the proprietors and real estate agents don’t speak English and if they do, all the paperwork is in the Czech language anyway. That is why it is always a good idea to either have a Czech speaking friend with you or have the documents checked by the lawyer you trust.
Tenancy agreements may be concluded for a definite or an indefinite period. Usually, you will encounter contracts for a definite period. According to the new Czech Civil Code, there is an automatic prolongation of the lease agreement. If the tenant continues to use the apartment for at least three months after the date on which the lease of the apartment was to end and the lessor fails to request the tenant to leave the apartment, the lease is conclusively presumed to have been stipulated again for the same period as before, but for no more than two years; this does not apply if otherwise stipulated by the parties (art. 2285 of the Act no. 89/2012 Coll., Czech Civil Code).
Basically, it is possible to terminate the indefinite period lease contract by delivering a termination notice to the other party. In such case, the termination period is three months. The first day of the termination period starts on the first day of the month following the delivery of the termination. The termination notice must be written and delivered. For example, if the termination notice is delivered on 15th May, the contract terminates on 30th August.
The lessor can only terminate the contract earlier from the reasons stated by law and this reason must be mentioned in the termination notice. The tenant has the right to apply to a court to review the lawfulness of the termination within two months from the date on which the notice of termination reached him.
Moreover, both parties of the contract have some rights as to when and how to terminate earlier either the indefinite or definite term contracts. Sometimes, no termination period is required. To consider your rights, it is necessary to consult specifically your situation.
If you need someone to check you contracts, to write a termination notice or you just want to be sure about your tenancy rights, please do not hesitate to contact us.Contact us