From law practice: Problematic tenant refused to leave the apartment even after termination of the lease
When renting an apartment, you may encounter a problem tenant. Like Mr. Tomas. He was renting an apartment that he bought in Prague as an investment. Everything went according to plan as long as the tenant paid him. It was an interesting income for Mr Tomáš, because the amount was even a few hundred crowns more than he paid on the mortgage. But after a few months everything went wrong. First the tenant started paying late, and then he even stopped paying altogether.
Mr Tomáš managed to agree with him to end the lease, but the tenant did not respect the agreement and stayed in the flat. For a thousand different reasons and excuses, he refused to move out of the apartment. That’s when we came on the scene and advised Mr. Tomáš on how to proceed. The police of the Czech Republic usually refuse to help in such situations and self-help consisting in violence is also not appropriate.
If the tenant does not vacate the apartment and does not hand over the keys voluntarily, it is necessary to file a lawsuit to enforce this obligation. At the same time, additional pressure can be put on the tenant and the tenant can be warned of the increasing penalties. This is how we managed to speed up the handover of the apartment.
Need to resolve a difficult situation with a problem tenant? We will be happy to help you.
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Under what circumstances can a landlord terminate a lease for an apartment?
a) If the tenant grossly breaches his/her obligation under the lease. An example of such a breach would be,
where, despite the landlord’s disapproval, the tenant sublets the entire apartment to another person
without permanently occupying the apartment himself.
(b) If the tenant is convicted of a deliberate criminal offence committed against the landlord or a member of the landlord’s household, or against a person living in the house where the tenant’s flat is situated, or against the property of others situated in that house, for example, stealing a bicycle or assaulting a neighbour in the corridor.
(c) If the apartment is to be vacated because it is necessary, in the public interest, to dispose of the apartment or the house in which the apartment is situated in such a way that the apartment cannot be used at all. This applies, for example, in a situation of disrepair of the property in question which needs to be repaired.
(d) If there is another similarly compelling reason for terminating the tenancy.
For all these reasons, the notice period is three months and starts from the first day of the following month.