You might be thinking…

“If something is broken, the landlord has to fix it immediately.”
Yes – but the law sets a specific procedure and deadlines. Just complaining verbally is not enough. Delays, poor documentation, or late claims can mean you lose your rights altogether.

Clients ask me…

“If I report a defect, does the landlord have to fix it right away?”
“Am I entitled to a discount even if I keep using the premises?”
“What if they claim it’s my fault?”

I explain that tenant rights are clear, but speed and the form of the response are decisive.
A written notice, photo evidence, and a set deadline are essential – otherwise you can end up in a “word against word” situation, and your chances of success drop sharply.

How the law sees it

Under Section 2208 of the Czech Civil Code:

• If the tenant duly and promptly reports a defect the landlord is obliged to remedy, and the landlord fails to fix it without undue delay, the tenant has the right to a reasonable reduction of the rent or may carry out the repair themselves and demand reimbursement of the reasonable costs.

• If the defect substantially hinders the use of the property, or prevents it altogether, the tenant has the right to remission of the rent or to terminate the lease immediately without notice.

• If the tenant fails to exercise these rights within six months of discovering (or being able to discover) the defect, the court will not grant them if the landlord objects to the late claim.

The biggest risks and common mistakes

• Oral complaints without evidence – a phone call or casual conversation is hard to prove later.

• Missing documentation – without photos, video, and witnesses, it’s your word against theirs.

• Unnecessary delay – if you don’t report the defect immediately, you lose your right to a discount or repair.

• DIY repairs without notice – can lead to problems with getting costs reimbursed.

Step-by-step procedure

1. Document the defect immediately – photos, video, date, description.

2. Send a written complaint – by e-mail with delivery confirmation or registered post.

3. Set a reasonable deadline for repair – immediately for urgent issues, otherwise e.g. 7 days.

4. Keep all communication – in case of a legal dispute.

5. If the landlord doesn’t react, claim a rent reduction, reimbursement, or terminate the lease.

6. For serious defects, involve an expert or health authority if health risks are present.

Case example

A client rented a flat and shortly after moving in found extensive mould in the bedroom. The landlord kept postponing repairs, claiming it was “normal”. After two months we provided photographic evidence, medical reports, and an expert opinion. The result was a 40% rent reduction retroactively for the entire period the defect existed.

Why to be careful with “I’ll just fix it myself”

Repairing at your own expense without properly notifying the landlord may result in no reimbursement.
On the other hand, a proper written notice and documentation often lead to a quick solution – landlords usually act once they see the tenant has evidence and knows their rights.

Lawyer’s recommendation – checklist

✅ Report the defect in writing immediately after discovery
✅ Attach photos, video, and a description
✅ Set a specific repair deadline
✅ Keep all correspondence
✅ If no repair happens, claim a discount, reimbursement, or terminate without notice

FAQ

Can I stop paying rent if the landlord doesn’t fix a defect?
No, but you can reduce the rent or claim remission if it’s a serious defect.

Do I have to repair defects myself?
No, the landlord is responsible unless it’s a minor repair.

What if the landlord says it’s my fault?
They have to prove it – otherwise, they bear responsibility.