Mgr. ANNA VEJMELKOVÁ, advokát

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How to Challenge an Unlawful Termination of a Lease?

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Imagine this: after years of peaceful living, you receive a letter from your landlord saying, “I am terminating your lease.”No serious reason, just vague statements or even false accusations. Suddenly, your sense of security collapses – and you’re not even sure whether the landlord is legally allowed to do this.

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

Clients often ask: “Can my landlord just give me notice like that?” or “How fast do I have to react so I don’t lose my home?” In search engines, they type phrases like “defending against lease termination,” “unlawful termination of tenancy,” or “how to cancel a lease notice.” In reality, the key to success is acting quickly and knowing the exact statutory grounds for termination.

What you will learn in this article

  • The legal grounds for lease termination

  • How to identify an unlawful termination

  • How and within what time limits to defend yourself

  • Your chances of success

Expert explanation

Lease termination is governed by Sections 2288 et seq. of the Czech Civil Code. A landlord can only terminate a lease for reasons explicitly stated in the law – for example, non-payment of rent, serious breach of obligations, or needing the apartment for their own use. If the notice contains no such reason, or the reason is false, the termination is unlawful.

A tenant has the right to challenge it by filing a lawsuit to determine the invalidity of the termination. The time limit is strict – you must do this within 2 months of receiving the notice. If you miss this deadline, the termination will be valid, even if it was unlawful.

In practice, it’s not only essential to file the lawsuit on time but also to draft the claim correctly and present evidence – for example, correspondence with the landlord, witness statements from neighbours, or documents proving that you complied with your obligations.

Case study

A tenant in Prague received a termination notice for allegedly failing to pay rent. In reality, he had been paying regularly; the landlord had simply not picked up the postal money orders. Thanks to a timely lawsuit, the court declared the termination invalid, and the tenant was able to stay in the apartment.

You might be thinking…

“I don’t want to go to court straight away – maybe we can sort it out.” But the clock is ticking, and the time limit for filing a lawsuit is running out – and once it’s over, there’s no turning back.

Lawyer’s recommendation

If you suspect the termination is not lawful, contact a lawyer immediately. Every extra day may mean losing your ability to defend yourself effectively.

Have you received a lease termination notice and are unsure whether it’s lawful? Contact me – I will quickly assess your situation and prepare a defence that could save your home.

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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