Mgr. ANNA VEJMELKOVÁ, advokát

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Airbnb and Lease Agreement – Legal Risks for Property Owners

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At first glance, short-term rentals via Airbnb may seem like an easy way to make money – no long-term tenants, more flexibility, and often a much higher income per night. But behind the appealing numbers lie legal and financial traps that can cost you more than you earn. And yes, I’m not just talking about housing regulations, but also about taxes.

This article is part of the large guide to lease agreements, where you can find more practical topics related to renting apartments, houses, and commercial spaces: read more

I often get asked whether Airbnb is “legal” in the same way as a standard apartment lease and whether it’s enough to just add a clause to your lease agreement. Many people confuse a lease agreement with an accommodation contract or think that the law doesn’t regulate short-term rentals. In reality, the rules differ, and the risks – from municipal fines to tax audits – are real. That’s why it’s worth knowing the differences and the right way to handle it.

What You’ll Learn in This Article

  • How Airbnb differs from a standard lease agreement from a legal perspective

  • What obligations you face as an Airbnb host

  • Why taxes can become your biggest problem

  • How to protect yourself legally and financially

Legal View – Airbnb vs. Lease Agreement

Airbnb rentals are usually classified as accommodation services, not a standard lease under the Civil Code. This means you may fall under regulations for providing accommodation, including the obligation to register with the local authority, report foreign guests to the foreign police, comply with fire safety standards, and, above all, pay taxes and possibly social and health insurance if you are considered a business.

If you rent out an apartment via Airbnb in violation of your homeowners’ association (HOA) rules or your lease agreement, you may face not only termination of the lease but also a lawsuit from neighbors or the HOA.

Example from Practice – Airbnb Income Backfired

A client rented out his apartment via Airbnb for two years, without reporting the income or paying taxes. He relied on the belief that “everyone does it and the tax office won’t notice.” Unfortunately, during an audit of another person, the tax office obtained access to his Airbnb booking data. The result was a calculation of tax arrears, penalties, and interest – totaling over CZK 180,000. To make matters worse, he was fined by the trade licensing office for unauthorized business activity. What was initially an “easy side income” turned into a financial disaster that cost him an entire year’s earnings.

“Advocate’s Advice”

If you’re considering Airbnb, don’t treat it as a casual extra income. Have a lawyer review your lease or HOA bylaws to make sure you’re not violating any rules. Also, consult an accountant to correctly set up your tax obligations – including VAT if you exceed the turnover threshold.

Are you unsure whether your Airbnb rentals comply with the law? I can review your situation and propose a safe and legal setup – both in terms of the lease agreement and tax obligations. This will save you from possible penalties and disputes.

Contact a legal professional – I specialize in contract law.
Learn more here.

Where do I provide legal services?
I help clients across Prague, Central Bohemia, and South Bohemia. Here are a few selected locations:

🔹 Lawyer Prague 1
🔹 Lawyer Prague 6
🔹 Lawyer Příbram
🔹 Lawyer Nymburk
🔹 Lawyer České Budějovice

👉 See all locations here:
https://www.vejmelkova.cz/en/how-to-find-your-czech-lawyer/

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