What to do if your permanent residence is cancelled

Quick overview

You can only revoke another person’s permanent residence if you can prove two things: the person concerned no longer has the right to use the apartment or house and he or she does not actually live there. The application is filed by the owner of the property or the authorised user at the municipal registration office. If the municipality grants the application, the person obtains an official address at the municipal office.

• The application shall be made by the owner or authorised user of the property.
• It is not sufficient to simply disagree with the permanent residence.
• Evidence of the person’s removal is required.
• The authority may carry out a local inquiry.
• After the cancellation of the residence, the person obtains an official address.

Are you dealing with a former tenant or ex-tenant listed at your address? We can help you prepare a petition to cancel the permanent residence and the necessary evidence for the office.

Who can apply for cancellation of permanent residence

The basic rule is that you cannot cancel your permanent residence yourself. If you want to move out of your original address, you must register a new place – for example, a flat you have bought or a rented flat where you will actually live. Your original address will automatically disappear. If someone has stayed “registered” at your address, even though they have been living elsewhere for a long time, you can apply to cancel your permanent residence.

In particular, the owner of a property where the stranger is still registered as residing can file this application. Typically, this is a situation where the tenant moves out but forgets to check out the address. Another example would be an authorised occupier of an apartment or house, for example a tenant who has rented an apartment and discovers that someone else has registered their residence there without actually living there.

Another common reason is divorce or separation, where one of the partners leaves but keeps the registered address. For the owner or current occupant, this can mean complications when dealing with the authorities, for example in relation to welfare benefits, enforcement or service of process.

It is important to know that a petition to cancel a permanent residence cannot be filed arbitrarily. It is not enough to say “I don’t want someone to have permanent residence here”. It is always necessary to prove that the person does not actually live in the apartment or house. The authority then considers all the circumstances and decides whether the conditions for cancellation have been met.

In practice, the problem is proving that the person does not actually live in the flat. A lawyer can help you prepare the evidence and the application itself so that the authority does not reject the application for lack of supporting documents.

Cancellation of permanent residence is regulated in particular by the Act on Population Registration, specifically Section 12. It provides that the registration office may cancel the permanent residence if the person’s right of use of the property has ceased and the person does not actually use the property.

What you will need for the proposal:

• proof of ownership or use of the property,
• a terminated tenancy agreement or other evidence of the termination of the right of use,
• evidence that the person has moved out,
• iD card,
• witness statements or photographs if necessary.

How the Authority’s decision is made

The submission of the application initiates the administrative procedure, which is conducted by the Notification Authority. Its task is to check whether the conditions for cancelling permanent residence are met. This is not a purely formal process; the authority must establish that the person does not actually live in the property.

The authority may invite the person concerned to comment on the matter. The person has the right to claim otherwise, for example that he or she still lives in the flat, even if this is contrary to reality. In such a case, the notification authority evaluates the evidence of both parties and makes a decision. Sometimes there is a local inquiry, where a member of staff visits the property to check whether the person is living there.

If you expect a dispute with a former tenant or partner, it pays to prepare an evidence strategy in advance. We can help you assess which documents and evidence carry the most weight in the administrative proceedings.

If the application is found to be justified, the authority will issue a decision revoking the person’s permanent residence. The person is then registered at what is known as the official address. This is usually the seat of the municipal authority at the place of last residence. This means that the address of the office appears on the identity card and in the population register instead of the original address.

In practical terms, this can have unpleasant consequences for the person concerned, for example when dealing with documents, benefits or court proceedings. For you as the claimant, it means that the person is no longer registered at your address and you no longer face potential administrative complications.

If the authority rejects the application, you can appeal against the decision. In such a case, it pays to have well prepared evidence and, if necessary, the assistance of a lawyer.

When is permanent residence revoked?

The most common reason for filing a petition is a former tenant who has moved out but has not changed their permanent residence. The landlord is then often faced with receiving mail for the former tenant or having bailiffs or official letters in the apartment. This situation is very unpleasant and the only solution is to file a petition to cancel the permanent residence.

A practical example: Mr Čestmír contacted our counselling centre after several years and discovered that he still had a former tenant in his flat. The problem began when he started receiving registered letters and enforcement notices addressed to a stranger. Mr Čestmír was concerned that the bailiff might enter his flat or seize his property.

We helped him prepare a petition to cancel his permanent residence and gather evidence that the former tenant had not lived in the apartment for several years. The terminated lease, the handover report and witness statements from neighbours played a key role. The reporting office subsequently granted the application and the former tenant was given an official address.

In cases like this, we recommend not waiting until the situation becomes complicated, for example due to evictions or official mail. The earlier the application is filed, the simpler the whole administrative procedure is.