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Your permanent residence does not have to be your home. What rules apply?

You can only have one place of permanent residence in the Czech Republic. This is basically just a registration number for contacting the authorities and for election purposes, and may not tell you anything about where you actually live. In the following lines you will find out how to declare your permanent residence in a rented flat or even a sublet.

6 minutes of reading

Chapters of the article

What are the rules for permanent residence?

You can choose your place of permanent residence anywhere in the Czech Republic, or in any property that is intended for housing, accommodation or even recreation. In short, in a property that is marked with a descriptive, registration or orientation number.

For example, if you spend most of the year in your cottage or chalet, you may think about registering your permanent residence in the place. That is, if the cottage is licensed as a building for recreation.

How to register for permanent residence?

To register for permanent residence you will need your valid ID card, or another document issued to you as a replacement for your ID card, at the local authority. You must also have proof of occupancy of the property with you.

If you are the owner, an extract from the Land Registry or a valid lease agreement will suffice; if you are a tenant, the owner’s verifiable consent will also suffice.

Rights and obligations after registration of permanent residence

Once you have registered as a permanent resident, all your rights and obligations start to apply, such as paying your garbage fees, exercising your right to vote in the municipality or taking advantage of the various residency bonuses that municipalities use to attract new residents.

You can then change your permanent residence for seemingly trivial reasons, such as parking. If you live in Prague but do not have a permanent residence, you will not get a residential parking permit.

Another issue is registering children for kindergartens and primary schools, which often causes parents to change their “permanent residence”, as permanent residence is sometimes generally referred to.

Permanent residence in a rental property – step by step procedure

How do you deal with the combination of renting a flat and needing permanent residency? It is not complicated. As permanent residence does not give you any relationship to the property or its owner, you can of course also have permanent residence in a rental apartment. You don’t have to own the property, but you can still have a permanent residence at its address.

If you have a valid tenancy agreement, you do not even need to have the consent of the landlord or the owner. This is even if you have specifically stated in the lease that the landlord or property owner does not want the tenant to take up permanent residence in the flat.

It does not matter, the authority must still register you as a permanent resident and register you in the population register. It is then the responsibility of the authority to notify the landlord or letting agent in writing. Permanent residence in a rented flat is therefore not a complicated matter and can be arranged very easily from the tenant’s point of view.

We can help you with renting a property

Do you need help with a lease agreement or other apartment rental-related matters? Do not hesitate to contact us. We have many years of experience in renting real estate. We will be happy to use them in solving your case.

How to cancel the permanent residence of a tenant?

Can a landlord cancel a tenant’s permanent residence in a rented apartment? It is possible. However, the tenant must file a petition for cancellation of permanent residence and give proper reasons.

Basically, there are three grounds that follow from the law:

  • Permanent residence in a rental property can be cancelled, and therefore the lease can be terminated on the grounds of permanent residence, if the property has been removed, has ceased to exist or no longer meets the conditions for use as a dwelling.
  • Another possibility is that the tenant’s tenancy has ended, they have moved out and have not arranged a new permanent residence elsewhere.
  • And thirdly, the landlord can propose to cancel the tenant’s permanent residence if it is found that it was registered on the basis of invalid or even forged documents.

Permanent residence in a sublet – without the landlord’s express consent, this will not work

However, permanent residence and subletting is a different matter. If you are a lodger and live in a flat-share or a cooperative flat, for example, in a situation where you cannot even have a tenancy agreement, you cannot do without the landlord’s consent if you want to declare your permanent residence in the flat.

If the landlord gives you consent, you will also need a sublease agreement to establish your permanent residence (you can always go to the office with the landlord to confirm your consent verbally).

Tip: We have explained the specifics of subletting in the article: When it is advantageous to conclude a sublease agreement

You don’t have to report a change or cancellation of your permanent residence

Finally, it is important to note that if you change your permanent residence, you do not have to de-register your old one. By registering with the authorities in the new place, the old permanent residence automatically ceases to exist. However, do not forget to make the change on all your documents that show your permanent address, primarily your identity card.

You should also inform insurance companies, the social security administration, your employer, your mobile phone provider and other services. You do not need to inform the tax office or the trade licensing authority.

The tenant can get their permanent residence in one or two steps

The bottom line is that it’s really not that difficult to get a permanent residence and the legal set-up is favourable to tenants. All they need is a valid tenancy agreement and they can declare their permanent residence without any problems at the local registration office, permanent residence and landlord’s consent is not necessary. In contrast, permanent residence for a subtenant is dealt with in a slightly more complicated way – i.e. always with the landlord’s consent.

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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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