Expert explanation

Under the Czech Civil Code, landlords have several options for responding to non-payment.
If the tenant owes rent or service charges for at least three months, the landlord may give immediate notice (§ 2291 CC). This notice must be in writing, state the reason for termination, and include information on the tenant’s right to file objections in court.
For shorter delays, the landlord can give three months’ notice (§ 2288 CC) or send the tenant a written demand for payment.
Termination is a unilateral legal act – an “oral agreement” is not enough. To be valid, it must be delivered to the tenant in a provable way. If the tenant does not vacate voluntarily, the landlord must file a lawsuit for eviction and claim the unpaid amounts in court.

Main risks and common mistakes

• Informal arrangements – agreements made by phone without written confirmation carry no weight.

• Late reaction – the longer you wait, the bigger the debt and the lower the chance of recovery.

• Invalid notice – missing the reason for termination, lacking mandatory information, or failing proper delivery can undermine the entire process.

• Self-help eviction – illegal and risky, it can lead to a damages claim against the landlord.

Step-by-step procedure

1. Written demand – immediately after the first missed rent payment, send a demand for payment, ideally by registered post or data mailbox.
2. Prepare evidence – keep copies of the contract, demands, and proof of payments.
3. Terminate the tenancy – if the debt continues, choose between notice with a notice period or immediate termination.
4. Court proceedings – file a claim for payment and possibly for eviction.
5. Enforcement – once you have an enforceable judgment, recover the debt through a court bailiff.

Real-life example

A landlord reacted to non-payment only after five months. In the meantime, the tenant moved out without leaving an address, and the debt exceeded CZK 120,000. Although the court confirmed the claim, the tenant was already under enforcement, and recovery was minimal. A quick demand and termination after three months of arrears would have significantly reduced the loss.

Why be cautious with DIY solutions

Many landlords search online for free termination templates. Without knowledge of the current legal requirements and mandatory elements, there’s a high risk the termination will be invalid. The tenant may then remain in the property without paying, while the landlord loses time and money.

You might be thinking…

“If the tenant doesn’t pay, can I just change the locks?”
Absolutely not – this is an unlawful interference with the tenant’s rights and can even lead to criminal prosecution. The correct approach is always legal, written, and provable.

Lawyer’s recommendation – checklist

• React immediately – send the first demand after the very first missed rent payment.

• Handle everything in writing and with proof of delivery.

• Use immediate termination for three months’ arrears.

• Prepare for court – gather evidence from the start.

• Consider legal assistance from the first demand – it often speeds up payment.

FAQ

When can I give immediate termination?
If the rent and service charge arrears amount to three months.

Do I have to send a demand for payment first?
The law doesn’t require it, but it is recommended to show good faith and an effort to resolve the dispute.

What if the tenant doesn’t leave after termination?
You file a lawsuit for eviction, and after a final judgment, you can enforce it through a court bailiff.