Czech Eviction Order from 1 January 2026: Faster Removal of Non-Paying Tenants

6.5.2026 | ARROWS law firm

As of 1 January 2026, an amendment to the Czech Code of Civil Procedure introduces a new legal instrument—the eviction order—which fundamentally changes the approach to dealing with non-paying tenants and tenants who refuse to vacate an apartment after the lease ends. This more effective tool will allow landlords to regain possession of their property faster without lengthy court disputes, shortening the eviction process by many months.

The photo shows an attorney during a consultation regarding an eviction order.

Phase I: Preparation before court proceedings
Pre-action notice to vacate the apartment
Phase II: Transition from traditional proceedings to the new eviction order
Conditions for issuing an eviction order
Phase III: Court proceedings – traditional claim vs. the new order
The more traditional route: An action for eviction
New procedure: Eviction order
Phase IV: Enforcement proceedings and physical eviction

Legal framework for lease relationships in the Czech Republic

Lease relationships in the Czech Republic are governed primarily by the Civil Code (Act No. 89/2012 Coll.), specifically Sections 2201 et seq. The law distinguishes between fixed-term leases and indefinite-term leases, with different conditions set for termination and the subsequent vacating of the property for each type.

A landlord is not entitled to terminate a lease entirely at will – there must be a statutory ground, which is specified in more detail in the Civil Code and its individual provisions. The most common grounds for termination due to reasons on the tenant’s side under Section 2291 of the Civil Code include, for example: non-payment of rent and service charges for at least three months, gross breach of obligations arising from the lease agreement and legal regulations, or unauthorized use of the apartment in a manner other than agreed.

If the tenant breaches their obligations in a particularly serious manner, the landlord may terminate the lease without a notice period. However, such termination will not be taken into account unless, before serving the notice of termination, the landlord calls on the tenant to remedy their improper conduct within a reasonable time, or to remedy the unlawful situation. In other cases, the landlord must comply with the notice period, which is either contractually agreed or statutory.

The process of vacating a property is strictly regulated in the Czech Republic, and the landlord has no special right to so-called self-help eviction. Any attempt at forced eviction, disconnection of utilities, or changing locks without a court decision constitutes a violation of the inviolability of the home and may lead to criminal prosecution of the landlord, with a potential sentence of up to two years’ imprisonment under Section 178 of Act No. 40/2009 Coll., the Criminal Code, concerning violation of the inviolability of the home.

This protection of the tenant applies regardless of whether or not the tenant is in arrears with rent payments.

Phase I: Preparation before court proceedings

Before filing a claim with the court, the landlord must take several critical steps. Properly handled administrative and procedural preparation is a fundamental prerequisite for success in any dispute. The entire process begins with a formally flawless termination of the lease relationship. The practical links between termination of the lease and the next steps in dealing with non-paying tenants are also discussed in the follow-up text How to invest in rental housing: What to watch out for when reviewing lease agreements before an acquisition.

Preparing and serving a notice of termination of the lease

For the landlord to proceed correctly and in compliance with the law, they must first duly terminate the lease agreement. The notice of termination must always be in writing and must be served on the tenant at their service address, which the tenant usually states in the lease agreement, or at their last known address.

In the case of indefinite-term leases, the landlord must also clearly state the reason for termination, which must fall within the categories set by law. If the reason is non-payment of rent, the landlord must prove that the tenant failed to pay rent and service charges associated with the use of the apartment for at least three months.

The notice of termination must further include a clearly identified apartment (building number, address), references to the lease agreement, and the specific reason for termination. In addition, the landlord is obliged to inform the tenant in the notice of their right to raise objections to the termination and to request that a court review the validity of the termination; otherwise, the notice is invalid.

It would be a mistake to terminate the lease vaguely or without a specific reason, as the court could later deem such termination invalid and the entire process would have to be repeated. In similar situations, related issues of lease agreements and grounds for termination are typically addressed within real estate law. The minimum notice period is usually three months, unless the parties have agreed on a longer period.

Automatic extension of the lease – the case of so-called tacit renewal

This is where the first pitfall arises, which many landlords overlook. The Civil Code, in Section 2285, regulates so-called tacit renewal of a lease. If the tenant continues to use the apartment for three months after the day the lease was supposed to end, and the landlord does not call on them to leave the apartment within that period, the lease is automatically renewed for the same period for which it was previously agreed, but for no longer than two years.

This means that if the landlord does not respond in time, the tenant effectively gains an entitlement to an extension of the lease, even though the original lease agreement has already ended. This is why it is absolutely critical to send the tenant a written request to vacate the apartment no later than three months after the day the lease was supposed to end. For practical setup of procedures for rentals (including tax impacts and the landlord’s status), a comparison in the article Short-term rentals versus a standard lease 2026: When a landlord becomes a self-employed person and what hidden tax risks exist may also be useful.

This request must be unambiguous and must clearly show that the landlord does not agree with the automatic extension of the lease and insists that it ended on the originally agreed date.

The landlord’s mere silence or acceptance of the last rent payment does not replace this request. The law expressly requires that the request be sent in writing, preferably by registered letter with return receipt or via a data box, so that the landlord has proof of dispatch.

Pre-action notice to vacate the apartment

Once the lease ends (whether by expiry of the term, termination, or agreement) and the tenant keeps the apartment, the landlord should send a so-called pre-action notice to vacate the apartment, calling on the tenant to leave the property within a specified period. Although this notice does not have the strictly legal nature of a notice of termination, it plays a key role in the process.

When using the traditional procedure (a standard action for eviction), a pre-action notice is recommended at least 7 days before filing the claim for the purposes of recovering costs of the proceedings under Section 142a of the Czech Code of Civil Procedure. If the landlord does not send this notice, they automatically lose the right to reimbursement of the costs of the proceedings, and even if they win the dispute the court may award such costs only in entirely exceptional cases for reasons deserving special consideration.

If the landlord plans to use the new eviction order, this written notice is already mandatory, at least 14 days before filing the motion for issuance of the order. The notice must be sent to the tenant’s service address or their last known address and must make it clear that the landlord intends to initiate court proceedings if the tenant does not vacate the apartment.

Phase II: Transition from traditional proceedings to the new eviction order

If the pre-action steps described in the previous phase have not led the tenant to vacate the apartment voluntarily, it is time to initiate court proceedings. While in the past the only route was a lengthy action for eviction, current Czech legislation introduces a modern tool intended to significantly speed up the entire process

Conditions for issuing an eviction order

The new eviction order, effective as of 1 January 2026, represents a major simplification of the process for situations that are legally relatively clear and undisputed. The court may issue an eviction order if all of the following conditions are cumulatively met under Section 175a of the Czech Code of Civil Procedure:

First, there must be a valid lease relationship – i.e., a lease agreement must actually have been concluded between the landlord and the tenant. This is usually proven by the lease agreement itself. However, it should be emphasized that the court requires documentary evidence to issue an eviction order. The existence of a lease evidenced only by correspondence or bank statements may complicate the process and lead to the need for standard proceedings.

The second necessary condition is that the lease has in fact ended validly. This means that the lease terminated in one of the following ways: expiry of the agreed term in a fixed-term lease, an agreement of the parties to terminate the lease, or termination by notice for reasons stipulated by law. Here it is crucial that the termination of the lease is supported by documentary evidence – the lease agreement stating the end date, a notice of termination with provable service, or a termination agreement.

The third condition is that the tenant refuses to vacate the apartment or property after the lease has ended and uses it without legal grounds. This means that they physically remain in the apartment and in fact occupy or use it without having a legal basis to do so.

The fourth condition is that the landlord sent the tenant a written notice to vacate at least 14 days before filing the motion for issuance of the order. This notice must be sent to the tenant’s service address or last known address and should clearly indicate that the landlord intends to initiate court proceedings if the tenant does not vacate the apartment.

The fifth condition is that the landlord must be the owner of the apartment or property, or have another legal title to demand eviction, and this right must be provable, typically by an extract from the Czech Cadastral Register (katastr nemovitostí). If ownership were disputed or unclear, the court will not issue the order and the matter would have to be resolved through standard court proceedings.

The sixth condition (an obstacle to issuance) is that there must not currently be pending court proceedings in which a motion is being decided on to review the validity of the termination of the lease of the apartment or house filed within the statutory time limit, or proceedings concerning the defendant tenant’s right to use the apartment or house. If such proceedings are pending, the court will not issue an eviction order.

Documentation required to file the motion

To successfully file a motion for issuance of an eviction order, the landlord must prepare the following documents and evidence:

The lease agreement proving the existence of the lease relationship and specifying that it concerns an apartment or house for residential use.
Further, proof of termination of the lease – most commonly a notice of termination with evidence of service (the envelope from the registered letter, a delivery confirmation, or a record from the data box) or a termination agreement signed by both parties.
A written notice to vacate the apartment or house sent to the tenant at least 14 days before filing the motion with the court must not be missing. This notice must have clear content and should include clear instructions to vacate.
And finally, an extract from the Czech Cadastral Register proving that the landlord is the owner of the property or otherwise entitled to file the motion.

Practical limits of the eviction order

It is important to point out situations in which the court will not issue an eviction order even if the formal conditions are otherwise met:

If court proceedings are already pending to review the validity of the termination of the lease under Section 2290 of the Czech Civil Code. In this case, the tenant challenges whether the landlord was entitled to terminate the lease, and the court cannot issue the order until the review proceedings have been concluded.
If court proceedings are already pending concerning the tenant’s right to use the apartment or house. If the tenant asserts that they have the right to use the apartment even after the contract ends (e.g., they claim that the lease transferred to them after the death of the previous tenant with whom they lived in a common household), the matter is handled in standard court proceedings with evidentiary taking.

In these cases, the court cannot issue the order and the matter is resolved through standard court proceedings with all related rules of evidence.

Phase III: Court proceedings – traditional action vs. the new order

Once all formal requirements have been met and the tenant does not respond to the pre-action notices, there is no choice but to turn to the court. At this stage, the owner chooses between two routes. The choice of the specific procedure depends primarily on the strength of the evidence submitted and on how much resistance from the tenant can be expected during the proceedings.

The more traditional route: an action for eviction

If the landlord cannot or does not wish to use the eviction order (e.g., because the tenant has already initiated proceedings to review the termination, or because the documentation is not entirely clear), they must file a standard action for eviction with the district court having jurisdiction over the location of the property.

An action for eviction must contain the following essential elements: the details of the claimant (landlord) and the defendant (tenant) – first name, surname, address and, where applicable, birth number or company ID number. It must also set out the decisive facts – that a lease agreement was concluded, the specification of the apartment or house (building number, street, city), and evidence that the tenant refuses to vacate the apartment after the lease has ended.

It should also include the identification of evidence – the lease agreement, notice of termination, relevant correspondence, photographs. And the statement of claim (what is being sought) – eviction of the specific apartment or house within 15 days of the judgment becoming final and binding.

The court will assess a court fee, which the landlord must pay. The fee for filing a motion to commence eviction proceedings is usually in the range of several thousand Czech crowns; however, to determine the exact amount, it is always necessary to verify the current wording of the schedule of court fees applicable as of the relevant date. If the landlord does not pay the fee within the specified time limit, the court will discontinue the proceedings.

After the action is filed, the court will verify that the procedural conditions are met and will prepare a hearing. The court will then hear both parties – the landlord and the tenant – and will take evidence. The tenant may defend themselves by claiming that the notice of termination was not justified, that the relevant statutory grounds for termination were not met, or that they have the right to continue using the apartment.

In practice, these first-instance proceedings take several months to a year, depending on the court’s workload, the complexity of the case and, in particular, the tenant’s activity in the proceedings (appeals, objections, claims of invalid termination, absence from hearings, etc.). Once the judgment becomes final and binding, the landlord may then commence enforcement proceedings.

New procedure: Eviction order

Unlike traditional proceedings, an eviction order is issued without scheduling an oral hearing if the legal situation is clear and everything is supported by documentary evidence.

The landlord files a motion with the district court in whose jurisdiction the property is located. The motion must contain: a basic description of the situation – identification of the tenant and the apartment, a brief summary of when and how the lease ended. It must also include documentary evidence – the lease agreement, the notice of termination with proof of service, a written demand to vacate, and an extract from the Cadastral Register of Real Estate.

Based on the submitted documents and without an oral hearing, the court may issue an eviction order (provided that all statutory conditions under Section 175a of the Czech Code of Civil Procedure are met). In the order, the court will require the tenant to vacate the apartment or house within 15 days of service of the order and to pay the costs of the proceedings, or to file an opposition within the same time limit.

If the tenant does not act within the 15-day time limit and does not file an opposition, the order becomes final and enforceable. The landlord can then immediately proceed to enforcement proceedings without having to wait for further legal disputes. This means that instead of the usual 12–18 months, the process could be completed in as little as 1–2 months (the time for the court to issue the order is usually several weeks to a few months, plus 15 days to file an opposition).

However, there is another pitfall: if the tenant files an opposition in time, the order is set aside in full and the court will schedule a hearing. The law, however, significantly limits the tenant’s ability to delay the proceedings. Together with the order, the court sends the tenant a request to submit a written response to the claim within 30 days of service of the order, to set out the decisive facts of their defence and to support them with evidence.

If the tenant does not respond in any way within this time limit, it is deemed that they acknowledge the landlord’s claim, and the court may immediately issue a default judgment by acknowledgement ordering the eviction. This is why this procedure is highly effective especially in cases where the landlord assumes that the tenant’s defence is legally hopeless and that the tenant will not be able to submit relevant evidence in time.

Phase IV: Enforcement proceedings and physical eviction

Obtaining a final and binding judgment or an eviction order is a key milestone, but it does not in itself mean that the tenant will leave the apartment. If the tenant does not comply with the court-imposed time limit for vacating, the landlord must proceed to the final, purely practical step – forced enforcement of the decision.

Commencement of enforcement

Once the landlord obtains a final decision of the court (whether in the form of a judgment from standard proceedings or in the form of an eviction order against which the tenant did not file an opposition), they may proceed to enforcement proceedings.

To file an application for enforcement, the landlord has two options: judicial enforcement of the decision – the landlord applies directly to the court that decided the original case. The court then carries out the eviction as the enforcement court.

The second option is a court bailiff – the landlord files an application for enforcement with a court bailiff of their choice. The bailiff then carries out the eviction on the basis of an authorisation granted by the court.

In practice, the court bailiff option is used far more often because it is frequently faster and the landlord has greater influence over scheduling. The enforcement title (i.e., the basis) for commencing enforcement must be either a court decision ordering eviction (in traditional proceedings) or an eviction order that has become final and against which the tenant did not file an opposition (under the new procedure).

Procedure of the court bailiff

When the bailiff receives the application for enforcement, they first issue a notice of commencement of enforcement, which includes a request to fulfil the obligation (vacate) and sets a time limit for voluntary vacating.

The court bailiff will first send the tenant a request for voluntary compliance, giving them a time limit (usually 30 days) to vacate the property voluntarily. If the tenant does not move out within this time limit, the bailiff will set an eviction date and will notify the tenant of this date at least 15 days in advance.

When the day of eviction arrives, the bailiff will attend the premises to physically remove the tenant and all persons who are staying in the apartment on the basis of the tenant’s right. At the same time, the tenant’s belongings are removed from the apartment. This process is carried out with the participation of the landlord and the necessary persons, and in extreme cases also with police assistance if the tenant physically resists.

Costs of enforcement

The court bailiff charges a fee for carrying out enforcement, as set by the Bailiff Tariff. For eviction of real estate, the fee is typically CZK 10,000 for each evicted property, structure, apartment or room under the Bailiff Tariff (Decree No. 329/2008 Coll., on the fees and reimbursements of court bailiffs, as amended), plus reimbursement of out-of-pocket expenses (e.g., fuel, travel expenses, storage fees).

All enforcement costs are borne by the tenant (the obliged party). The landlord may request that the tenant pay an advance for these costs if the tenant appears to be insolvent. If the tenant does not pay even after enforcement, the costs may remain unpaid and the landlord may seek recovery through solutions such as the tenant’s personal bankruptcy or further legal steps.

Potential risks and issues	How ARROWS can help (office@arws.cz)
Incorrectly drafted notice of termination (e.g., a vague reason or missing instructions) – the court will declare the notice invalid and you will have to go through the entire process again (including the notice period).	ARROWS attorneys will prepare a tailor-made notice of termination. We will ensure it meets all statutory requirements, includes the correct time limits and mandatory instructions, thereby eliminating the risk of it being challenged in court.
Missing the deadline in the case of tacit renewal of the lease (§ 2285) – if you do not timely call on the tenant to vacate the apartment, the lease will automatically be renewed for up to 2 years and you will have to tolerate the tenant remaining in the apartment.	We monitor critical deadlines for you. We will timely prepare and send a written request to vacate, preventing an unintended extension of the lease and keeping the eviction process on track.
The tenant denies receipt of the notice of termination – without watertight proof of service, the tenant may claim in court that they knew nothing about it, which leads to the immediate dismissal of your claim.	We ensure procedurally sound service. We use data boxes (datové schránky) or registered mail with return receipt, and we know exactly how to proceed in cases of deemed service. We have evidence prepared that the court will not dispute.
Filing an opposition to an eviction order – the tenant files an opposition merely to gain time, relying on dragging you into lengthy standard court proceedings.	We make maximum use of expedited proceedings. We will keep track of the court’s so-called qualified request – if the tenant fails to substantiate their opposition with evidence in detail within 30 days, we will promptly secure the issuance of a default judgment (judgment by acknowledgment).
Allegations of theft or damage to property – after enforcement, the tenant claims valuables went missing from the apartment or that you handled their property unlawfully, and sues you for damages.	We oversee the lawful procedure during enforcement. We communicate with the enforcement officer (bailiff) to ensure the inventory of items and their storage are carried out strictly in accordance with Czech legislation. This protects you against subsequent claims by the tenant.

Final summary

Evicting a non-paying tenant or a tenant who refuses to voluntarily return a rented apartment is, in the Czech Republic, a mandatory court process that a landlord cannot handle on their own without the risk of criminal liability. The old system, where landlords had to rely exclusively on a standard eviction action taking 12–18 months, changed fundamentally as of 1 January 2026 with the introduction of the new eviction order.

An eviction order is not a cure-all – it works only in cases where the situation is legally absolutely clear (the lease has evidently ended, the tenant was duly called upon, all documentation is indisputable) and the tenant has no right, and cannot have any right, to use the apartment. In such a case, the process can be accelerated from twelve to eighteen months to just a few weeks.

On the other hand, even if the tenant files a timely opposition to the eviction order, thereby cancelling the order, the law strictly limits their defence options. The court is required to attach a so-called qualified request to the order, giving the tenant only 30 days to submit their defence in writing and provide evidence. If they fail to do so in time, the court will decide against them immediately by a default judgment (judgment by acknowledgment). Even where the tenant defends the case, the matter can therefore be resolved “from the desk” and very quickly.

Most common questions about evicting a non-paying tenant from an apartment

1. How long does eviction take from the first suspicion that the tenant is not paying until the physical eviction?
In the fastest scenario, using the new eviction order and with no opposition from the tenant, you can expect the decision to become final and an enforceable title in approximately 1–2 months. If the tenant files an opposition and substantiates a relevant defence, the matter is then moved to standard proceedings.

2. Can I do without a lawyer?
Technically yes, but it is not recommended. Procedural mistakes (an incorrectly drafted notice of termination, missing proof of service, formal defects in the claim) may lead to the dismissal of the entire case and the landlord will have to start over. Legal representation costs money, but it often pays off by saving time and avoiding costly mistakes.

3. What if the tenant does not pay rent but refuses to leave the apartment after the lease ends?
You must proceed in order: first, termination for non-payment, then a pre-action demand letter, and depending on the situation either an eviction order or a standard eviction action. However, the eviction order addresses only the act of vacating the apartment itself. To recover the outstanding rent, you must simultaneously or subsequently file a separate motion (e.g., for a payment order) through which the court will award you the money.

4. What are the minimum notice periods and when exactly will the lease end?
The standard notice period is three months unless the parties have agreed otherwise. The lease ends upon the expiry of three months calculated from the first day of the calendar month following the delivery of the notice of termination, unless a different notice period has been agreed.

5. Can I claim compensation for the use of the apartment for the period during which the tenant continues to use it after the lease ends?
Yes, you can claim compensation for the use of the apartment in the amount of the agreed rent from the time the tenant should have vacated it until the time they actually vacated it. You can assert this compensation within enforcement proceedings or in separate debt recovery proceedings.

6. What should I prepare to be ready for a fast process with the new eviction order?
Prepare the lease agreement, the notice of termination with proof of service, a written pre-action demand letter to the tenant, an extract from the Cadastral Register, and all relevant correspondence. Ideally, retain a lawyer to review everything and ensure the documentation is beyond dispute.

Disclaimer: The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2026. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 400,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS Law Firm directly (office@arws.cz). We are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.

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