Vacating an apartment or house at the end of a tenancy is one of the most problematic moments in tenancy relationships. If the tenant refuses to leave the property, the landlord may find himself in a very difficult situation where he owns the apartment but cannot actually use or rent it. However, as of 1 January 2026, a new institution of an eviction order has come into force, which should significantly speed up and simplify the whole process. How exactly does it work and when can it help you?
Quick summary
Evicting a property has long been one of the biggest concerns for landlords. On the face of it, it may seem that if the lease ends, the tenant will simply walk away and hand the flat back. However, the practice is often much more complicated. Many landlords find themselves in a situation where the lease has been terminated, the tenant has stopped paying, but continues to use the apartment and refuses to move out. The landlord is then left in a paradoxical position: he owns the property but cannot actually dispose of it.
The reason why these cases drag on so often is the fact that Czech law protects housing as one of the basic human needs. Therefore, eviction cannot be done “on your own”, for example by changing the locks or moving things out into the corridor. Such a procedure would be illegal and could backfire on the landlord.
Up until the end of 2025, the only way was a traditional eviction action, which often took a very long time. This meant that the landlord could lose rent, incur the costs of litigation and face the stress and uncertainty of when the flat would be repossessed.
If you are dealing with a similar problem, it is always better to deal with the situation in a timely and legally correct manner. We can help you prepare the notice, the eviction notice and the entire process to minimize the risks.
We will assess your chances of success in court and propose a solution that will lead to the desired outcome. You will only succeed in court if your claim is bulletproof. We will conduct a careful analysis of your case and take care of preparing a pre-suit notice, a lawsuit, and, if necessary, representation in court where we will vigorously enforce your rights.
As of 1 January 2026, a major change has come in the form of a new legal institute called an eviction order. This institute was introduced by an amendment to the Civil Procedure Code and aims to significantly speed up the process of evicting a property in cases where the tenancy has already ended but the tenant refuses to leave.
The injunction procedure is a simplified way, similar to, for example, a payment order, which is commonly used by the courts to recover debts. The principle is the same: if the landlord has clear evidence that the tenancy has ended and the tenant has no right to continue using the apartment, the court can decide quickly, without a traditional court hearing.
An eviction order thus gives landlords the hope that they will no longer have to deal with years of litigation, but will get their apartment back in a significantly shorter time. The court will only be able to decide on the basis of documentary evidence and order the tenant to vacate the apartment within fifteen days of receiving the decision.
It is important to stress that the order is not automatic. The landlord must comply with the legal conditions and follow the correct procedure, otherwise the court will reject the application.
An eviction order is a new but relatively narrowly defined tool. It cannot be used in all cases of unauthorised use of property. It is mainly intended for situations where there was a tenancy between the landlord and the tenant, the tenancy has validly ended and the former tenant is still in the flat without any legal reason.
Typically, this will be the case where the lease has ended by expiry of the agreed term, by agreement of the parties or by termination for non-payment of rent. The landlord then needs a quick legal tool to enforce the eviction.
On the other hand, an order will generally not be applicable where the defendant does not occupy the flat as a tenant after the end of the tenancy (e.g. it is just a flatmate without a tenancy agreement or other legal relationships). In the case of subletting, it is usually similar – the order is linked to the end of the tenancy of the flat or house, so it must always be assessed what legal relationship actually existed between the parties.
If you want to make sure that everything is done quickly and without mistakes, take advantage of legal assistance. We can prepare a complete motion so that the court can issue the order as soon as possible.
The legislator chose this narrower framework so that the order procedure could actually work quickly and the court did not have to prove the disputed circumstances in a complicated way. The purpose is to deal with clear situations where it is clear that the tenancy has ended and the use of the apartment is unjustified.
It is therefore crucial for landlords to correctly assess whether their case falls within the order procedure.
In order for the court to grant an eviction order, certain legal conditions must be met. The institution must be swift, but at the same time it must not be abused. Therefore, the law requires the landlord to prove that the tenancy has actually ended and that the tenant has been asked to leave the property beforehand.
The first condition is the existence of a tenancy relationship, i.e. that a tenancy agreement has been concluded between the parties. The second essential condition is that the lease has already validly ended. It is not enough to simply state that the tenant is to leave – this must be clearly evidenced by, for example, notice, agreement or expiry of the agreed term.
The landlord’s obligation to send the tenant a written notice to vacate is also quite crucial. The law requires the notice to be sent at least 14 days before the action is brought, to the tenant’s address for service or last known address. In practice, it is a good idea to send the notice in such a way that it can be proved that it was sent (and ideally delivered). The idea is to give the tenant one last chance to leave voluntarily without court intervention.
The landlord also needs to prove his ownership of the property, usually by an extract from the Land Registry. If these documents are missing or incomplete, the court will not issue an order.
The procedure for the eviction order itself should be as simple and quick as possible. The landlord files an application with the district court in whose district the property is located. The application must contain a basic description of the situation and , above all, documentary evidence on the basis of which the court will make its decision.
The advantage of this procedure is that the court does not have to order a hearing or examine witnesses. If the underlying documents are clear and the tenancy has ended beyond doubt, the court can make an order on the basis of the documents alone. The tenant is then ordered to vacate the property within fifteen days of being served with the order to vacate.
This procedure saves considerable time and costs. The landlord does not have to worry about waiting years for a judgment. If the tenant does not respond and does not file a resistance, the order becomes enforceable and an eviction may follow.
However, it must be taken into account that the court will strictly assess the formal correctness of the application. Any error may mean the rejection of the application and a return to a conventional action.
Tip: Do you know what to do as a landlord if a tenant doesn’t pay and doesn’t want to move out? How do you do a lease termination agreement for non-residential premises? We have answered these and other questions in our article on ending a lease.
While an eviction order speeds things up for landlords, it also preserves the tenant’s due process rights. Therefore, the former tenant has the option of resisting the order. If he does so within fifteen days of service, the order is automatically set aside and the matter moves to standard court proceedings.
This means that the order will not always be the final solution. If the tenant starts to resist, the dispute may drag on again. However, the law does make an important change: Many tenants will not resist, especially if they know that their stay in the apartment is unjustified. In such cases, the landlord can obtain an enforceable decision very quickly.
Another important new feature is the method of service. The eviction order is served by hand and substitute service is basically excluded (the exception is service by data mail). If the order cannot be served, the court will normally set it aside and the matter will be dealt with by standard court proceedings.
It is important for landlords to take into account that resistance is possible and that proper preparation of documents is also crucial in the event of subsequent litigation. If you are concerned that the tenant will complicate the situation, legal representation is recommended. We can guide you through the entire process, from the notice to any court continuation.
The institution of an eviction order represents a significant shift for Czech landlords. For the first time, a mechanism is being introduced that will allow a quick decision to evict a property without lengthy court proceedings if the situation is clear. This is very important news for owners of flats and houses, as the previous practice often favoured those who used the flat illegally.
However, it should be stressed that even a new order does not mean automatic eviction overnight. The landlord must comply with the legal requirements, in particular the service of the notice and proof of the end of the tenancy. If he or she makes a mistake, the court will not issue the order and the whole process may be unnecessarily prolonged.
Vacating an apartment or house after the end of a tenancy is often one of the biggest problems for landlords, because the former tenant often refuses to leave the property and the landlord cannot resolve the situation on his own, for example by changing the locks. Until the end of 2025, the only way out was a classic eviction action, which could drag on for a very long time. However, as of 1 January 2026, a new institution of an eviction order came into force, which should speed up the whole process considerably. The court can decide quickly on the basis of documentary evidence alone, without ordering a hearing, and order the tenant to vacate the apartment within 15 days of being served with the decision. The order can only be used in specific cases where there was a tenancy, the tenancy has validly ended and the former tenant remains without legal grounds. The landlord must provide evidence of the end of the tenancy, the ownership right and send a written notice to vacate at least 14 days before the application is made. The tenant has the option of filing a notice of opposition within 15 days, at which point the order is vacated and the matter continues in the normal court proceedings. The new law gives landlords a chance to get the apartment back faster, but proper legal procedure and careful preparation of documents remain key.
The eviction order is a new legal institution effective from 1 January 2026, which allows the landlord to recover the apartment more quickly from the former tenant if the lease has already ended and the tenant refuses to leave.
It can only be used if there was a tenancy relationship, the tenancy has validly ended (e.g. by notice or expiry of the term) and the former tenant remains in the apartment without a legal reason.
The landlord must provide evidence of the lease agreement, the termination of the lease, the ownership of the property and also send the tenant a written notice to vacate at least 14 days before the application is filed.
If the documentation is clear and complete, the court may decide without a hearing and order the tenant to vacate the property within 15 days of the order.
Yes. The tenant may file a notice of opposition within 15 days of service. In such a case, the order is automatically cancelled and the dispute continues through standard court proceedings.
Need help with filing a lawsuit or representing yourself in court? Whether the litigation is just beginning or the case is well underway, we can help you with everything. We will conduct a thorough analysis, assess your realistic chances and suggest a course of action. All this within 48 hours of ordering our services.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
