An agent should take care of these duties for you. Without one, you need to know them yourself. They apply to private owners, not only to businesses, and they apply equally to foreign owners of Czech flats.
Energy rating in the advert (PENB)
Under section 7a(3) of the Czech Energy Management Act, the owner of a unit who lets it must:
- demonstrably request the energy performance certificate from the owners’ association, or from the building manager if there is no association,
- state the energy class in information and advertising materials, including the online advert,
- show the certificate or a copy to the prospective tenant before the tenancy agreement is concluded,
- hand the certificate or a copy to the tenant at the latest when the agreement is signed.
Failing to do so is an administrative offence dealt with by the State Energy Inspection. The only exception is for buildings completed before 1947 without a later major alteration, if both parties agree in writing (section 7a(10)). When a whole house is let, the building owner carries the duty under section 7a(2).
A written agreement and terms that do not count
A residential tenancy agreement must be in writing (section 2237 of the Civil Code). The landlord cannot rely on the missing written form against the tenant, so an oral deal mainly harms you. Czech law disregards some terms altogether:
- tenant obligations that are manifestly unreasonable in the circumstances (section 2239),
- terms that shorten the tenant’s statutory rights (section 2235),
- demands for payments other than rent and services, such as an extra “refundable deposit” on top of the security deposit or post-dated cheques (section 2251(2)).
Use a Czech-language agreement, or a bilingual one with Czech as the governing version. Czech courts and offices work in Czech, and a translation-only agreement causes delays in any dispute.
Security deposit
The security deposit and any contractual penalties together may not exceed three months’ rent (section 2254). Service charge advances do not count towards the limit. When the tenancy ends, you return the deposit and may deduct what the tenant owes. The tenant is entitled to interest on the deposit at least at the statutory rate. Keep the deposit separate from your everyday money, in an account from which you can return it.
ID cards and applicants’ personal data
You may check an applicant’s identity by looking at their ID. Under section 39 of the Czech Identity Cards Act, however, you may only copy a Czech ID card, or process the data on it, with the holder’s consent. Screening applicants makes you a data controller under the EU General Data Protection Regulation (GDPR). In practice:
- collect only what you really need to choose a tenant and conclude the agreement,
- it is enough to see proof of income; you do not have to store it,
- delete the data of unsuccessful applicants once you have chosen,
- do not forward documents or leave them in shared folders.
Equal treatment in the advert
Housing offered to the public falls under the Czech Anti-Discrimination Act (section 1(1)(j)). Neither the advert nor your selection may exclude applicants because of race, ethnic origin, nationality or sex, for example. You may choose using objective criteria: income, payment history, number of occupants relative to the size of the flat, moving-in date or pets.
Service charge statement
If the tenant pays service charge advances through you, you must settle them once a year. Under section 7 of the Czech Act on Services Connected with the Use of Flats, you deliver the statement within 4 months of the end of the billing period, and the balance is settled within 4 months of delivery. The tenant has 30 days to ask for supporting documents or raise objections (section 8). Late delivery of the statement can cost up to CZK 50 for each day of delay (section 13).