How to deal with problematic tenants

Any landlord may find themselves in a situation where a tenant does not pay rent, refuses to communicate or damages the property. If you are in this situation, do not despair: we will advise you on how to proceed systematically and in accordance with the law. In this article, we look at the options for dealing with rent arrears, what to do when a tenant does not want to move out, and how to proceed with evicting a tenant.

If you do not have the time or desire to deal with such problems, we have a shortcut for you – guaranteed rent.

Published 15/4/25, 9:31 am.

What to do when a tenant does not pay?

If a tenant does not pay, it is important to act quickly and consistently:

1. Communication with the tenant

First, contact the tenant and find out why they have not paid. Sometimes this may be due to temporary financial difficulties that can be resolved by agreement. For example, you can agree on an instalment plan. Interestingly, according to the Asociace nájemního bydlení, the rate of non-payment rises during the summer months. Why? Summer brings many expenses, such as holidays, children's camps and similar costs, so some people push rent down their list of priorities.

2. Written demand for payment of the debt

If the rent arrears persist, send a registered letter requesting payment of the outstanding amount. A written reminder may serve as evidence in the future if you need to recover the rent through the courts. The reminder should include: the tenant’s name and address, the amount owed, the date from which the tenant has been in arrears and the payment deadline – 10–15 days from delivery is considered a reasonable period. It is also advisable to specify the consequences of non-payment of rent, such as termination of the lease agreement.

3. Late payment interest

If the tenant does not pay the rent on time, you are entitled to claim late payment interest. This interest is set by the Civil Code and serves as compensation for delayed payment. You can easily calculate the amount using the online calculator here.

23_Nájemné-zdražuje-v-průměru-o-stovky-korun-e1647884130979.jpg

4. Termination of the lease

If the tenant does not respond and you decide to give notice, you have several options:

4. 1. Wait until the lease agreement ends

If the lease agreement is nearing its end, there is an elegant solution to the problem. You do not need to state a reason for ending the tenancy, and the tenant must move out when the agreement ends. In other cases, you will need to give the tenant notice to terminate the lease.

4.2. Termination by agreement

You may be able to reach an agreement. The tenant’s financial circumstances may have changed. If they do not object to moving out, you can simply agree to terminate the lease agreement by mutual consent.

4.3. Termination with three months’ notice

If the tenant does not agree to move out, you can give notice with a notice period. The three-month notice period starts on the first day of the month following the date on which notice is delivered to the tenant. Send the notice by registered post and keep the proof of posting safe. The notice must include the following points, otherwise it is invalid:

The reason for terminating the lease.
Information about the tenant’s right to object to the notice and request that a court review whether the termination is justified.

4. 4. Immediate termination

If the debt exceeds three monthly payments, this constitutes a serious breach of the tenant’s obligations and is grounds for terminating the lease agreement. To give immediate notice, you must first send the tenant a written request to remedy the conduct for which you intend to terminate the lease, for example, a request to settle the debt. The circumstances in which you may proceed with immediate termination are as follows:

Outstanding rent and service charges for at least three months.
Serious damage to the flat, or serious harm and nuisance caused to the landlord or people living in the building.
Use of the flat for a purpose other than that agreed.

The notice must include the following points, otherwise it is invalid:

The reason for terminating the lease
Information about the tenant’s right to object to the notice and request that a court review whether the termination is justified.

The tenant must hand the flat back to the landlord within one month of receiving the immediate termination notice. The landlord remains entitled to rent for the entire period during which the tenant occupies the flat.

5. Court proceedings and enforcement

If the tenant does not wish to move out voluntarily, the final step is to apply to the court and an enforcement officer.

How can you get a tenant out of a flat?

Your flat is still occupied, no rent is coming in, and you do not know how to get rid of a non-paying tenant? It may be time to take further action. If the tenant does not want to move out, you have several options:

Reach an agreement – Sometimes it helps to offer the tenant compensation for moving out voluntarily. You can offer to waive all or part of the debt if they move out immediately. If the tenant continues to remain in the flat without authorisation, your financial loss will only continue to grow unnecessarily.
Notice to vacate - If you decide to take legal action, send the tenant a written notice to vacate the property – they have 14 days from delivery to respond. If nothing happens, you can proceed with filing a claim.
Claim for possession of the flat - when filing a claim, prepare a detailed description of the case, evidence of the breach of contract and any damage, as well as proof that the written notice to vacate was delivered. If the court rules in your favour, it will issue an eviction order.
Court eviction of the tenant – If you have a final eviction judgment and the tenant still refuses to move out, an enforcement officer may proceed with the eviction.

How can you evict a tenant without an agreement?

Evicting a tenant without an agreement can be more complicated than in a standard tenancy. If the tenant does not pay rent but has no written agreement, their occupation of the flat may be regarded as unjust enrichment. In such a case, it is advisable to:

Send a written request to leave the flat.
If the tenant does not respond, file a claim to recover possession of the property.

Apply to the court and subsequently to an enforcement officer if the tenant refuses to leave the flat voluntarily.

Tenant liability for damage

In addition to rent arrears, some tenants may leave damage in the flat. A flat tenant’s liability for damage is established by law – if they damage property, you are entitled to claim compensation. The tenant is required to carry out routine maintenance; if they neglect it and this results in damage, they must pay for it, including damage caused to other people, for example if they flood a neighbour’s flat. The owner is responsible for more expensive repairs, but if the tenant causes damage through negligence or intentionally, they must pay even for the more expensive repair. If the tenant refuses to pay for the damage, you can take the matter to court. There can be many misunderstandings and disputes over whether the tenant or owner should pay for damage, so we recommend that tenants take out liability insurance.

Rady-a-tipy-jak-si-proklepnout-nájemníka-e1652632584584.jpg

What should you NOT do when a tenant does not pay rent?

Although the procedure described above for dealing with a non-paying tenant may be lengthy and complicated, it is the only legally correct one. If you are tempted to resort to other ways of getting rid of the tenant effectively, be careful not to commit an unlawful act yourself. You should certainly not:

Threaten the tenant - this could be used against you in subsequent court proceedings.
Disconnect utilities to the flat - we recommend transferring utilities to the tenant; the supplier will deal with any debt directly with them and, unlike you, may disconnect the services.
Enter the flat without the tenant’s consent - even if you own the flat.
Prevent the tenant from entering - for example, by changing the locks.
Evict the tenant yourself - this is not possible without an enforcement order.

How can you protect yourself against non-paying tenants?

A lesson for next time! What can you do to avoid problems with non-paying tenants in the future? We recommend:

Guaranteed rent - we will take care of all the worries associated with letting your property and dealing with problematic tenants.
Check the tenant thoroughly - before entering into the agreement, check them against debtor registers.
Have a well-drafted lease agreement – the agreement should include clear rules for paying rent and the consequences of non-payment.
Require a security deposit – a security deposit serves as protection if the tenant causes damage or stops paying rent.
Check that the rent has arrived - check your account regularly so you are not surprised to find that the tenant has not paid for some time.

Návrh bez názvu - 2023-10-24T084503.051.png

Conclusion

Prevention is the best remedy, but if it has already happened and you have a non-paying tenant in your flat, there are ways to address the situation. If you are still unsure what to do, or your case is more complex, do not hesitate to contact a solicitor or property adviser, who will be happy to help.