Renting a home

Lease agreement (nájemní smlouva)

In Czech: Nájemní smlouva

A lease agreement (nájemní smlouva) is the contract under which a landlord lets a flat or house to a tenant for temporary use in exchange for rent. Residential leases in Czechia are governed by the Civil Code.

Also called: rental agreement, tenancy agreement, smlouva o nájmu bytu

What it means

A lease agreement (nájemní smlouva) is the contract in which the landlord (pronajímatel) lets the tenant (nájemce) use a flat or house for a period of time and the tenant pays rent (nájemné) in return. The rules for renting a home are set out in the Civil Code (občanský zákoník), and many of them protect the tenant as the weaker party: a clause that takes away rights the law gives a residential tenant may not be enforceable even if you signed it.

How it works in the Czech Republic

The contract is signed by the owner, or by someone authorised to act for the owner, such as an agency holding a power of attorney. Before signing, check on nahlizenidokatastru.cz (the free online viewer of the land register) that the person letting the flat really owns it. A good contract identifies the flat and states the rent, the monthly advances for services (zálohy na služby), the term, the deposit (kauce or jistota), who will live there and the rules on pets or alterations. Under § 2237 of the Civil Code a lease of a flat must be in writing; the landlord, however, cannot argue against the tenant that the lease is invalid because it was not written.

As of October 2026, § 2254 of the Civil Code says the deposit and any right to a contractual penalty together may not exceed three times the monthly rent. A notice ending the lease must be in writing and must be delivered to the other side, and a landlord may give notice only on grounds listed in the law.

When you move in, you and the landlord sign a handover protocol (předávací protokol) recording the condition of the flat, the furniture and the meter readings. It is the reference point when you move out and the deposit is settled.

Practical example

For example, a tenant agrees to rent a 2+kk flat for CZK 16,000 a month plus CZK 3,500 in service advances, for one year. The landlord asks for a CZK 48,000 deposit and also wants a penalty clause for late payment. Because the deposit and the penalty count together towards the legal limit, the tenant asks for a smaller deposit or for the penalty to be dropped, and has the bank account for the deposit refund written into the contract.

What to watch out for

  • Check the owner in the land register (katastr nemovitostí) and ask an agent for proof that they may act for the owner.
  • Make sure rent and service advances are listed as separate amounts.
  • If the contract is bilingual, check which language version prevails if the texts differ.
  • For a fixed-term lease, read what happens when the term ends.
  • Photograph the flat and record the meter readings at handover.

Frequently asked questions

Can I sign a lease in English?

Yes, the parties can agree on a contract in English or in two languages. Make sure you understand every clause and that the contract says which version applies if the texts differ.

Can the landlord end the lease whenever he wants?

No. As of October 2026 a landlord may give notice only on the grounds in § 2288 of the Civil Code, or without a notice period for a particularly serious breach by the tenant (§ 2291), must state the reason and must inform the tenant of the right to object and ask a court to review the notice, otherwise the notice is invalid.

Who pays for electricity and gas?

That depends on the contract. Often the tenant has their own contract with an energy supplier, while heating, water and building services are paid to the landlord as monthly advances.

On Lovec-Realit.cz

  • Rental deposit (kauce, jistota)A rental deposit (kauce, legally jistota) is a sum the tenant pays the landlord to secure the rent and other obligations under the lease. It is returned when the lease ends, minus any debts from the lease.
  • Rent (nájemné)Rent (nájemné) is the regular payment a tenant makes to the landlord for the use of a flat or house. Charges for services such as heating or water are usually added separately as monthly advances.
  • Service charge advances (zálohy na služby)Service charge advances (zálohy na služby) are monthly payments a tenant makes on top of rent for heating, water, the lift, cleaning of common areas and similar services. They are settled after each billing period.
  • Fixed-term lease (nájem na dobu určitou)A fixed-term lease (nájem na dobu určitou) is a lease agreed until a specific date or for a set number of months or years. It ends when the term expires unless the parties extend it or it renews under the law.
  • Notice period (výpovědní lhůta)A notice period (výpovědní lhůta, legally výpovědní doba) is the period after which a lease ends once notice has been given. It starts on the first day of the month after delivery; for an open-ended lease of real estate it is three months.
  • Handover protocol (předávací protokol)A handover protocol (předávací protokol) is a written record of handing a property over to a new owner or tenant. It notes the date, the condition of the flat or house, meter readings, keys and documents handed over and any defects.

Sources

Laws and official pages this text is based on (in Czech).

This text is for information only and has not yet been checked by a legal or financial expert. It is not legal, tax or financial advice. Verify important details in the listed sources or with a professional.

Updated 25 October 2026

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