You might be thinking…

• “I can return it anytime since it was lent to me for free.”

• “The lender should be happy to get it back early.”

• “They can’t refuse if I hand it over in person.”

Clients often ask me…

• “Can I return the item early if I no longer need it?”

• “What if the lender refuses to accept it?”

• “Who’s responsible for the item in the meantime?”

Legal explanation

The rules for early return are set out in Sections 2197–2198 of the Czech Civil Code.
The law distinguishes between two situations:

• when the borrower wishes to return the item early, and

• when the lender wants it back sooner than agreed.

1. Early return initiated by the borrower (§2197)

The borrower has the right to return the item before the agreed time,
but only if doing so does not cause difficulties to the lender.
If early return would cause inconvenience (e.g., storage costs, transport, insurance issues),
the lender may lawfully refuse to accept it.

📘 Example:
A student borrows a bookshelf for a semester and tries to return it a month early,
but the owner is abroad and cannot arrange storage or confirm receipt.
In that case, the lender is entitled to refuse acceptance without breaching the contract.

2. Early return demanded by the lender (§2198)

The lender generally cannot require early return of the item.
The loan lasts for the period agreed upon.

There are only two exceptions:

• The borrower uses the item contrary to the contract (§2198(1)) – in that case, the lender may demand immediate return.

• The lender urgently needs the item earlier for an unforeseen reason,
  but only if this right was explicitly agreed in the contract (§2198(2)).

📘 Example:
A company lends a machine to another business. Later, the lender receives an unexpected order that requires that same machine.
If the contract included a clause allowing early recall, the lender may end the loan early.

Risky situations in practice

1. Return without agreement – the lender refuses to take the item, and it remains legally in the borrower’s possession.

2. Unclear handover – no signed record confirming the return.

3. Lender unavailable – borrower leaves the item “at the door,” risking damage or theft.

4. Lack of written notice – return must be provable (e.g., via email, registered letter, or signed protocol).

How to handle early return properly

1. Notify the lender in writing – include proposed date and place of return.

2. Confirm whether the lender can accept it.

3. Agree on the handover in writing – both parties should sign a protocol.

4. Never leave the item without confirmation of receipt.

5. Include an early termination clause in the contract – e.g., “by mutual agreement.”

Example from practice

Ms. H. lent her neighbor a lawn mower until the end of summer.
He wanted to return it in July, but Ms. H. was on vacation and refused acceptance.
He left the mower outside her house.
After a week of rain, the mower was damaged.
The court ruled that the borrower was liable, because the item wasn’t returned properly or with confirmation.

Lawyer’s recommendation

Returning an item early isn’t always the right solution.
If the lender isn’t ready to accept it, you could still be liable for damage.
The key is clear communication, written confirmation, and an agreement on how and when the return will take place.

Checklist:

• Did you notify the lender in advance?

• Is the lender ready to accept the item?

• Do you have a signed confirmation of return?

• Was the return in line with the contract?

FAQ

Can the lender refuse to take the item back?
Yes, if early return would cause them unreasonable difficulty (§2197).

What if I return it early and they won’t take it?
You must try to reach an agreement; leaving the item without confirmation isn’t enough. You remain liable for damage until proper return.

Can the lender demand early return?
Only if the borrower misuses the item, or if this right was expressly agreed in the contract (§2198).