What is the procedure to be followed when the landlord gives notice of termination of the lease?

Are tenants not paying their rent on time and properly? Are they throwing parties in your apartment and disturbing the neighbours? Is it impossible to get along with them in a good way, or even in a bad way? In this case, it is the landlord’s turn to terminate the tenancy. But how to do it?

Bytový dům, založení SVJ, založení bytového družstva
3 minutes of reading

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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We provide a complete package of services for both landlords and tenants. We will draft or review all lease/rental contracts, help with extension or termination of lease, and make sure everything takes place smoothly and without legal complications. You’re also welcome to pay after services are provided.

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.

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We provide a complete package of services for both landlords and tenants. We will draft or review all lease/rental contracts, help with extension or termination of lease, and make sure everything takes place smoothly and without legal complications. You’re also welcome to pay after services are provided.

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Author of the article

JUDr. Ondřej Preuss, Ph.D.

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.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

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