Mgr. ANNA VEJMELKOVÁ, advokát

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Can a Landlord Enter the Apartment Without Tenant’s Consent?

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You’re renting an apartment, enjoying your privacy, when suddenly – a message from your landlord: “I stopped by today to check the heating.” No prior notice. No agreement. Just surprise. But is this even legal?

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

What Clients Ask Me

“I was at work and came home to signs that someone had been inside. Can the landlord just walk in like that?”

“He says it’s his apartment, so he can enter whenever he wants. Is that true?”

What You’ll Learn in This Article

  • when a landlord may enter a rented apartment,

  • what obligations the landlord must fulfill before entering,

  • whether emergency access is allowed,

  • what the tenant’s rights are and how to react,

  • legal tips and a real example from practice.

You Might Be Thinking…

“If he owns the apartment, he has the right to enter, right?”

Not exactly. Even though the apartment belongs to the landlord, tenants have the legal right to undisturbed use of the property. That includes privacy and protection from unannounced visits.


📘 What Does the Law Say?

Under Section 2219 of the Czech Civil Code, tenants have the right to peaceful enjoyment of the apartment. The landlord may only enter:

  • with the tenant’s consent,

  • if the lease agreement explicitly allows it (e.g., inspections, maintenance, annual check-ups),

  • or in urgent situations where harm or damage might occur (e.g., leaking pipe, fire).

In all other cases, the landlord must notify the tenant in advance and agree on a suitable time.


🛑 Can the Landlord Use Spare Keys?

Not without the tenant’s explicit consent (unless it’s an emergency). Using spare keys without permission is unlawful and may even constitute a criminal offense, especially if repeated or if the landlord tampers with the tenant’s belongings.

If it happens, consider:

  • documenting the incident (photos, messages, witnesses),

  • sending a written notice to the landlord stating that entry requires your consent,

  • seeking legal help or filing a complaint.


⚖️ Real-Life Example

One client contacted me after repeatedly finding signs that someone had been in their apartment while they were away – muddy footprints, moved towels. The landlord later admitted: “I was just checking the boiler.” No warning, no notice. After a formal legal letter, it never happened again.


✅ Lawyer’s Advice

Whether you’re a tenant or landlord, communication and clear agreements are essential. Unauthorized entry can lead to legal disputes or even criminal charges.

📌 I recommend including clear provisions in the lease agreement about entry rights – when, why, and how much notice is required.

Need Help?

I offer fast and affordable legal support – online, without unnecessary delays. I can review or revise your lease agreement and help you resolve disputes effectively.

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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