Expert explanation

Under Section 2285 of the Czech Civil Code, if the tenant continues to occupy the flat for at least three months after the end of the agreed term and during this period the landlord does not send a written notice to vacate, the tenancy is renewed for the same term as originally agreed, but no longer than two years.
This mechanism is known as “silent renewal” or “tacit extension.” It is not a conversion into an open-ended tenancy – it always remains a fixed-term tenancy, for the length of the original agreement (maximum two years).
The key point is the written notice from the landlord. If the landlord does not want the tenancy to be renewed, they must deliver it within three months of the end of the original term. The notice must be in writing and provably delivered.
The law also allows the parties to agree on a different arrangement and thereby exclude Section 2285. In practice, renewals often occur repeatedly – for example, every two years – until one of the parties takes action.

Main risks and common mistakes

For landlords:

• If you don’t keep track of the end date, you may unintentionally renew the agreement for another period and lose the chance to terminate earlier.

• A late notice sent after three months no longer works – the tenancy has already renewed.

For tenants:

• If you assume the tenancy “turned into an open-ended one,” you may be mistaken – it remains fixed-term.

• Without written confirmation of the terms, it can be difficult to prove what exactly was agreed upon at renewal.

Step-by-step procedure

Tenant:

1. After the agreed term ends, confirm in writing that the tenancy continues.

2. Keep proof of rent payments and all communication with the landlord.

3. If you want more certainty for a longer period, suggest signing a new agreement.

Landlord:

1. Monitor the end dates of tenancies.

2. If you do not want renewal, send a written notice in time.

3. Make sure delivery is provable – use registered mail or a data mailbox.

Real-life example

A landlord had a fixed-term tenancy ending on 30 June. The tenant stayed on and kept paying rent. The landlord only sent a notice in October, asking the tenant to leave. It was too late – in September, the tenancy had already renewed for another two years because the landlord missed the three-month notice period.

Why be cautious with DIY contracts

Free template agreements often ignore Section 2285 altogether. The result? A landlord unintentionally renews the tenancy for a problematic tenant, or a tenant mistakenly believes they are “on an open-ended lease.” A single sentence in the contract can exclude the mechanism entirely and prevent misunderstandings.

You might be thinking…

“So, if the agreement renews, I’m protected?”
Yes – but only within the renewed fixed-term period, which starts from the beginning again. Termination during that period is governed by statutory grounds and agreed conditions. It is not unlimited protection.

Lawyer’s recommendation – checklist

• Keep track of tenancy end dates and set reminders.

• Send non-renewal notices on time, in writing, and with proof of delivery.

• When renewing, insist on a written confirmation of all terms.

• If you do not want to use Section 2285, state it directly in the contract.

FAQ

Does a tenancy always renew for two years?
No, it renews for the same term as originally agreed, but no longer than two years.

Can it renew this way repeatedly?
Yes, if nothing changes and the landlord does not send a notice.

Is an email notice enough?
The law requires written form, so an unsigned email or one without proof of delivery may not be sufficient.