Failure to pay rent is one of the main risks associated with property investment. Even if you buy a flat in an attractive location, you may still encounter difficulties. Tenants represent an unpredictable human factor, and their actions can complicate your investment plans. Despite careful planning and preparation, you may encounter situations that take you by surprise and affect the return on your investment.
Non-paying and problematic tenants are among the main risks of letting a property. The landlord loses money while also being unable to deal with the flat for the duration of the dispute. Since 1 January 2026, the Code of Civil Procedure has therefore included an eviction order (§ 175a), which can speed up the eviction of a flat after the tenancy ends.
An eviction order works similarly to a payment order. The court may decide without ordering a hearing — meaning quickly and solely on the basis of written evidence. For flat owners, this is a significant change. Until now, court-ordered eviction was a lengthy process, and landlords often preferred to give up. With an eviction order, they now have a quick, straightforward and less expensive way of removing a non-paying tenant. The landlord simply submits the necessary documents (the lease agreement, notice and a request to vacate), and the court may issue an order requiring the tenant to:
vacate the flat within 15 days of delivery,
or file an objection within the same period.
And this is where the fundamental change comes in: if the tenant does not file an objection, the order becomes final and enforceable. The landlord can then immediately ask a bailiff to evict the flat — without lengthy court proceedings.
If you are interested in what a lawyer says about an eviction order, you can watch the video.
An eviction order is not a universal solution for every dispute. It may only be used where:
The tenancy has already ended. The agreement has expired, been terminated, or an agreement to end it has been concluded, but the tenant refuses to move out. You can download a lease agreement termination notice template free of charge from our website.
The landlord has requested that the tenant vacate the property in advance — in writing and at least 14 days before filing the application with the court.
No dispute concerning the termination notice has been filed — if the tenant is challenging the validity of the notice in court, the order cannot be used.
Written evidence is available — no speculation, but clear documentation.
If these conditions are met, the court may issue an order without a hearing. The law does not set a fixed time limit for issuing it. If the tenant files an objection in time, the order is cancelled and the court orders a hearing (§ 174(2) in conjunction with § 175a(4) of the Code of Civil Procedure). In disputes concerning the eviction of a flat after the tenancy ends, the court should generally decide within six months of the proceedings commencing (§ 196(3)). Further details can be found in the section on eviction orders below.
Has your tenant stopped paying? Download a rent arrears reminder prepared by our lawyers.
The Civil Code generally affords tenants greater protection than landlords, so evicting a problematic tenant and recovering outstanding money can become a very demanding task.
Deal with late payment immediately; there is no need to wait for weeks. As soon as you discover that the tenant is late, take action. Initially, a phone call to point out the overdue payment is sufficient (it may simply be an oversight).
If the phone call has not helped and the money is still not in your account after a few days, send a written notice setting out all the consequences of non-payment. Always insist on an official acknowledgement of the debt.
If a tenant fails to pay rent and utilities/service charges for at least three months, they are in particularly serious breach of their obligations and you may terminate the lease without notice (§ 2291 of the Civil Code). Before serving the notice, however, you must ask them to settle the debt within a reasonable period; otherwise, the notice will not be taken into account. The notice must be in writing, state the reason and include information about the right to raise objections and request a court review (§ 2286(2)). Serve both the demand and the notice in a demonstrable manner.
To avoid future problems, it is important for a property owner to check prospective tenants in the Insolvency Register, which is freely available on Justice.cz. Another key step is to prepare a thorough, legally valid lease agreement that provides the landlord with legal protection in the event of unpaid rent.
The lease agreement should include an exact specification of the rented property or flat, including its address, cadastral area and, for a flat, also the floor and flat unit number, to prevent any confusion.
The agreement should also include details of rent payments, including the amount, due date and bank account number to which the tenant is to send payment. The total amount should be broken down into individual items, such as rent and advance utilities/service charges, ideally with a detailed description of the services provided. A common mistake made by landlords is, for example, charging for the repair fund. If suppliers increase advance payments in the next billing period, the tenants' advance payments should be increased too.
Summary of proper prevention
Thorough tenant screening – you can carry out a basic tenant check through the Insolvency Register on Justice.cz and through other paid registers.
A watertight lease agreement – a correctly drafted and valid lease agreement will save you a great deal of trouble. It must include an exact specification of the rented property or flat, including the address, cadastral area and, for a flat, also the floor and flat unit number.
Details of rent payments, including the amount, due date and bank account number to which the tenant is to send payment. The total amount should be broken down into individual items, such as rent and advance utilities/service charges, ideally with a detailed description of the services provided.
An order to vacate forms part of the Code of Civil Procedure as effective from 1 January 2026. The court may issue it without hearing the tenant if the claimant asserts a right to vacant possession of a flat or house against a person who continues to occupy it after their right of occupation has ended due to the termination of the lease, and if that right follows from the claim and the attached written evidence (§ 175a(1)).
| Question | What the law says |
|---|---|
| What the court orders the tenant to do | Vacate the flat and pay the costs of proceedings within 15 days of delivery, or file an objection within the same period (§ 175a(1)) |
| When it cannot be issued | If a demand to vacate sent at least 14 days before the claim is missing, or if proceedings are ongoing concerning a timely application to review the termination notice or the tenant's right of occupation (§ 175a(2)) |
| Service | In person; substitute service is excluded, except for service to a data box (§ 173(1) in conjunction with § 175a(4)) |
| If the tenant files an objection | The order is set aside and the court schedules a hearing (§ 174(2)) |
| If they do not file an objection | The order has the effect of a final judgment (§ 174(1)) and may be used as the basis for enforcement proceedings |
| Defendant's statement | The court attaches to the order a request for a statement with a 30-day deadline from delivery (§ 175a(3)) |
In practice, this means that the order is most useful where the lease has demonstrably ended and the tenant does not respond to the termination notice. If the tenant does not collect the order, it cannot be served by substitute service and the court will set it aside (§ 173(2)). The proceedings then continue in the standard manner: in disputes relating to the end of a lease, the flat's address is considered the tenant's address for service; a hearing may be adjourned at a party's request only once; and the court should generally decide within six months (§ 196).
Permanent residence registration is an entry in the population register. It does not establish a right to occupy a flat and does not prevent eviction in any way (§ 10 of Act No. 133/2000 Coll.). The procedure is therefore the same as for a tenant without permanent residence registration.
After the lease ends, if the tenant no longer occupies the flat, you as the owner may apply to the registration office to cancel their registered permanent residence address. You must provide evidence that their right of occupation has ended and that they do not occupy the flat, for example with the expired lease agreement, termination notice and handover protocol (§ 12(1)(c) and (2)). Find out more about permanent residence registration in a rented flat in the article Permanent residence registration in a rented flat.
When can I terminate a non-paying tenant’s lease without a notice period? When they have failed to pay rent and utilities for at least three months and, following your notice, have not settled the debt within a reasonable period (§ 2291).
How long does it take to evict a non-paying tenant? The law does not set a fixed time frame. It consists of time limits that you must observe: a reasonable period in the notice, up to one month to hand over the flat following termination without a notice period, 14 days from the request to vacate before filing a claim, and 15 days from delivery of the eviction order. If the tenant files an objection or seeks a review of the termination, the proceedings will take longer.
Can I deduct the debt from the security deposit? Yes. At the end of the tenancy, you may offset against the security deposit any amount the tenant owes you under the lease (§ 2254(2)).
Does the tenant’s registered permanent residence prevent eviction? No. Registered permanent residence does not establish a right to use the flat. Once the tenancy has ended, you may apply to have the permanent residence record cancelled.
Am I entitled to rent after the tenancy ends? If the tenant does not hand over the flat on the day the tenancy ends, you are entitled to compensation equal to the agreed rent until it is actually handed over (§ 2295).
Do you not want to deal with non-paying tenants at all? With guaranteed rent, you receive the agreed rent even in months when the tenant does not pay. Our guide How to let a flat without risk outlines further ways to protect yourself.
Legal position: the Civil Code as effective from 1. 1. 2026, the Code of Civil Procedure and the Population Register Act, verified in the e-Sbírka on 27. 10. 2026.