Termination of the Lease Agreement

Renting an apartment is a complex process, which only ends with the end of the lease agreement and tenant moving out of the rented apartment. It’s important to know your rights and understand all the aspects of the lease agreement. Procedure of the end of the lease agreement is also incorporated in the lease agreement. Let’s have a look, how the lease agreement can be ended.

When lease is terminated with 3 months’ notice?

It is important to know, that termination of the lease agreement must be in written form. The landlord can terminate your lease for a definite or indefinite period in three months’ time if:

  • tenant violates their lease obligations (for example arranges subletting without  the landlord’s consent)
  • tenant is convicted for intentional criminal act committed against a landlord, a member of his household or a person who lives in the building or against foreign property, which is located in the house
  • public interest (reconstruction of the apartment or the building) requires to vacate the apartment
  • there is a similar compelling reason for termination of tenancy

 Lease agreement for indefinite period of time can be terminated with three months’ notice in case that:

  • the apartment shall be used by the landlord or his/her spouse, who intends to leave the family in case of divorce
  • the landlord needs the apartment for his/her relative or relative of his/her spouse (parents, children, grandchildren, sibling, aunt, uncle)
Foreigners.cz lease agreement 5
Termination of the lease agreement

When lease gets terminated immediately?

When a tenant violates his obligations in a particularly serious way, lease can be dismissed without a three-month notice period. The landlord, however, must inform the tenant in advance in written form to remove the illegal behaviour, otherwise the notice is invalid. What is considered a particularly serious breach of tenant’s obligations?

  • not paying rent and other living costs for at least 3 months
  • damaging the apartment and common areas
  • inflicting serious harm or inconvenience to the landlord or the people who live in the same building
  • using the apartment for any other purpose than agreed

When a tenant can terminate the lease?

If you have a lease agreement of indefinite duration, you can give landlord a notice at any time without providing a reason, however in any case you should give landlord a three months’ notice. Also take into consideration, that a 3 months notice period starts from the 1st day of the following month after the month, when the landlord received your notice. This means if you inform your landlord about your decision to terminate the contract on the 15th of May, your notice period will start on the 1st of June. You will have to stay at the apartment for another 3 months starting with the 1st of June, till the 1st of September. When you have a fixed-term contract, you can denounce it under the terms agreed in the contract. Or assuming that your life situation changes dramatically, for example you get a new job abroad.

Checking the meters

This is a crucial step prior to your vacating the apartment. Remember, on the day when you moved in, you signed a handover protocol where all the meter readings were stated (such as meter readings for water, electricity, heating or gas). So when you’re handing the apartment back to the landlord, the same procedure must be executed. This gives you a security, that you won’t have to cover any unexpected debts after you vacated the apartment. Make sure the meter readings are written down in the protocol correctly. If you have a phone with a camera, take pictures of the meters, just to be 100% sure.

water meter readings
Check meter readings carefully

Getting back the security deposit

The landlord can require a security deposit up to 6 months rent, it serves as an insurance in case the tenant is not paying monthly rent or has damaged any equipment in the apartment. Deposit money can be used by the landlord accordingly, the money is not stored in a special account. When the lease is terminated, the landlord must return the whole deposit (or the rest of the deposit after deducting the unpaid debts).

VIP Service by Foreigners.cz is the answer

Foreigners.cz has designed a special VIP Service package to cover your back under any circumstances. This 1-year package includes complex support and assistant with your apartment rental during your stay in CZ. Which also means we will help you to prepare and submit lease termination notice according to Czech law. Among other benefits, there is assistance with any issues regarding your new home (no hot water, broken boiler etc.), communication with the landlord on your behalf, registration of gas / electricity contracts on your name, arranging office appointments and many more. You can check the whole list of VIP services here and apply for the VIP package immediately!

Annie Fed

24 thoughts on “Termination of the Lease Agreement

  1. This seems like a good place to ask, so… My landlady says my lease continues until terminated by her or us as tenants (which is how it works in Germany, too, and what I want to have). However, in the contract I signed, it states it was only valid for a year. Now the foreign police wants me to give them a new contract to prove where I live but my landlady won’t give me a new contract, saying the old one is still valid. Does anyone know who is right? Would it be enough if the landlady signed something that my contract is still valid, without issueing a new contract (she doesn’t want to pay the lawyer again)?

    1. Hi Anna, the contract is valid for the period of time stated in the contract. If the lease agreement says 1 year, then after 1 year this contract is no longer valid. Your landlady should make an amendment to the contract, saying that it has been prolonged. In my opinion, there is no need to use lawyer’s service for that. The amendment can be written down and printed, if a signature needs to be verified, it can be done at the Czech Post Checkpoint, where it costs 60,- or so. If you need any further advice, please contact Katka katerina.lenochova@foreigners.cz

  2. Hi,
    I have a lease until end of June next year. However, my housemate will move back to Florida in April. Are we able to notify the landlord now and have the lease finish in April? Will we still be able to get our deposit back? Thankyou

  3. Dear All,
    My landlord has created contract as definite period from 01 Jan 2018 to 31 Dec 2018 for apartment in Prague. Need to know in case I want to leave before 31 Dec 2018 is that possible. Do I need to give them 3 months notice. Will they return my whole deposit if I leave before one year of contract that is before 31-dec-2018.
    Thanks

  4. Hi,
    I just got an employment offer abroad and gave my landlord one month’s notice. Can he insist on thee three months (even though I will no longer be living in the apartment after 1st April and he is free to let it to someone else)?

  5. Hi, I only have two weeks in the room I rented and I’m suffering of bed bugs, I’ve been bites, have itching marks and terrible nights. I already said I wanted to leave to my landlord, but he says I have to stay for the 3 months notice period, and all that he can do is send an exterminator, which already came and the thing only worked for three days. Is there any way I can leave and have my deposit and the second month rent return?

  6. My apartment caught on fire and the wiring was damaged badly. In which was deemed unlivable so the landlord wants to terminate lease but doesn’t want to give deposit back. Can she do this?

  7. Hello Yordan. I am from Bulgaria. Also live in foreign country.I had such a problem and advised me to ask for assistance from the ombudsman.Good luck!

  8. Hello,
    I just need to ask if owner of an apartment wants to terminate the contract before the prior date is it possible for him to terminate? And if yes than is there any compensation he should pay me other than my security deposit?

  9. Hi, so i originally signed an agreement where I would pay the security deposit and 1 months rent in advance. Now the landlord is asking for a further 2 months rent and will not issue a refund as I do not want to do this. Is there anything I can do to get a refund or what is my position legally.

  10. Hi my name is a honey gori I was own a business in Prague Czech Republic I had a 5 years lease ���� after 3 years I decided to sale my business I found someone who ready to buy my business we set one amount for my sale business then I bring him to building manager on the meeting they exchange the number then after few days building manager send me message they don’t want any new business for 5 years then I decided to give my business same people for remaining 2 years of my lease amount was only 15% what we decide before after I sign the lease I figure out manager and building owner get money for the my buyer and they did 5 years lease after cancel my contact can I still get my money back which we decided with my buyer ?? Will wait for your reply thanks

    1. Hello,

      unfortunately, I can’t help you with this problem as we do not specialize in legal issues. You might find some information here. Fingers crossed 🙂

      Best regards,

      Anna

  11. our ex-landlord suddenly sent us an email about unpaid utility bills 4 months after we left the apartment and received the full deposit. How can we handle this. Any advice is appreciated thanks

    1. Hi Phillip,

      unfortunately, I am unable to answer your question myself, however, my colleagues will surely know more. You can either send an email to info@foreigners.cz (don’t forget to include the city you live in or the one you’re planning to relocate to) or schedule a consultation. Hope this helps 🙂

      Kind regards,

      Anna

  12. Hello, my name is Natalia. I have an apartment in Prague. My tenant says he can’t pay rent because he lost his job and had no income . How can I evict him ?

    Thank you.

  13. Hello, I wanted to ask if there is a difference between a contract for lease and a contract for sublease. My tenant told me that the owner is selling the apartment in 1 week, but I was just notified yesterday (and not even an official notice). My tenant is subletting the apartment. There should still be a 3-month pre-notice, right? Any response would be much appreciated!

    1. Hi Kaloyan!
      Sublease doesn’t grant you protections based on the law, so it always depends on what’s in your sublease agreement. If your sublease agreement doesn’t say you should be able to get the 3-month notice, then the person is allowed to tell you to move out anytime, sadly.

      HOWEVER, you should check if the person in your sublease agreement isn’t actually the owner of the apartment. If the person IS the owner, then the sublease agreement is actually a lease agreement and you are protected by the law. You can check the name of the owner on the Cadastre website here: https://nahlizenidokn.cuzk.cz/. You should be able to look up your apartment here: https://nahlizenidokn.cuzk.cz/VyberBudovu/Jednotka/InformaceO.

      If you’re still confused, you can use our services (in this case, it would be a consultation) and we’ll help you deal with this issue and if necessary find a new place to live for you. Email us at info@foreigners.cz if you’re interested.

      Best of luck!
      Tereza

        1. Hi Kaloyan! My pleasure! I hope everything works out for you.
          Best,
          Tereza

  14. Hi, moved into a room in a flat recently, I have a new lease (english language only, unfortunately) with both land owners (one is a lawyer) as signatories, as well as myself and two flatmates’ equal signatures.
    We flatmates are all foreigners.
    -One flatmate has been in the flat for a while, and guards the relationship and contact with the landlords. -There is no loudness after 10pm, and no outright problem, destruction or inconvenience caused by anyone.
    -The flatmate who has been in the flat for a while is experiencing some personal issues, and has decided she prefers to live alone. She threatens to “talk with the landlord”, and have the landlord change the lease to make myself and the other flatmate leave.

    I don’t see how it is possible legally, but then I also don’t know the depth or nature of the flatmate/landlord relation.

    My question: Is there a Prague tenants’ rights organization with which I should speak, or otherwise document the issue, in case it becomes a reality in the next week or so and I need to fight my sudden baseless eviction?

    1. Hi Jim,
      I’m sorry I don’t know if there’s an organisation like this. You might want to talk to expatlegal about this. They specialize in immigration law, but it’s possible they might be able to advise you with this as well.

      https://www.expatlegal.cz/

      Best,
      Tereza

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