Tenancy agreements: deposit, notice and other rules
Renting a flat is governed by the Civil Code (občanský zákoník), which protects tenants in many respects even against what the agreement says. The most important rules in one place.
The rules below come from the Civil Code (Act No. 89/2012 Coll., § 2235 onwards) and from the Act on services connected with the use of a flat (zákon o službách spojených s užíváním bytu, No. 67/2013 Coll.). Many of them apply even if the agreement says otherwise: the law does not allow terms that curtail the tenant's rights.
The agreement
- A tenancy agreement (nájemní smlouva) for a flat should be in writing.
- The agreement can be for a fixed term or open-ended. If the tenant keeps living in the flat after a fixed term ends and the landlord does not ask them to move out within three months, the tenancy renews for the same term, at most for two years (§ 2285).
- The agreement is also the document you can use to register your permanent residence (trvalý pobyt).
Deposit (jistota)
- At most three times the monthly rent.
- When the tenancy ends, the landlord returns it with interest at least at the statutory rate. They may deduct only unpaid rent and proven damage.
- A handover report (předávací protokol) recording the state of the flat, with photos, is the best evidence when the deposit is returned.
Notice
- The tenant may end an open-ended tenancy at any time without giving a reason; the notice period is three months.
- The landlord may give notice only on the grounds listed in the law (§ 2288), for example when the tenant seriously breaches their obligations, or when the landlord needs the flat for themselves or a close relative. Their notice period is also three months, and the notice must be in writing and tell the tenant of their right to object in court.
- A tenancy can be ended immediately (without a notice period) only for a particularly serious breach of obligations.
Rent increases
The agreement itself can set out how rent rises, often through an inflation clause. If it does not, the landlord may propose an increase at most to the comparable rent in the area and by no more than 20 % in total over three years. Comparable rents in Prague are shown well by the Ministry of Finance price map, which our overviews also draw on: a typical 2+kk (two rooms plus a kitchenette) costs CZK 19 300 a month.
Service charges and advance payments
- You pay advances on service charges (heating, water, lift, cleaning, waste) every month alongside the rent.
- The statement (vyúčtování) must arrive within four months of the end of the billing period, usually the year. Any overpayment or shortfall is settled within four months of the statement being delivered.
- You have the right to see the documents the landlord used to calculate the statement.
Minor repairs and upkeep
The tenant pays for minor repairs and routine upkeep, the landlord for larger repairs. What counts as a minor repair is set by Government Regulation No. 308/2015 Coll. (nařízení vlády): for example replacing light bulbs, taps or seals, and in general repairs up to CZK 1,000 per item, with a yearly total of at most CZK 100 per m² of the flat's floor area.
Frequently asked questions
How high can the deposit on a flat be?
At most three times the monthly rent (§ 2254 of the Civil Code). When the tenancy ends, the landlord returns it with interest and may deduct only unpaid rent and damage.
What is the notice period for a rented flat?
Three months. A tenant may end an open-ended tenancy without giving a reason; a landlord only on the grounds listed in the law.
By how much can the landlord raise the rent?
If the agreement says nothing about increases, the landlord may propose raising the rent at most to the level of comparable rents in the area, and by no more than 20 % in total over three years.
When must the service charge statement arrive?
Within four months of the end of the billing period. Any overpayment or shortfall is then settled within four months of the statement being delivered.