Lease agreement (nájemní smlouva)
A contract by which the landlord lets a flat or house to a tenant for temporary use in return for rent (§ 2201 et seq. of the Civil Code, občanský zákoník; special rules for flats in § 2235 et seq.). A flat lease can be fixed-term or indefinite, and the contract should be in writing. The landlord may terminate a flat lease only on statutory grounds (§ 2288), usually with three months' notice.
Example
An investor buys a 2+kk for CZK 5,000,000 with a CZK 3,500,000 mortgage (LTV 70 %, 5.00 %, payment CZK 20,461). He signs a one-year lease: rent CZK 23,000, service advances CZK 4,000 and a deposit of CZK 69,000. If the tenant stays on after the term ends and the landlord does not ask him to leave within 3 months, the lease is renewed under § 2285.
In practice
For an investment mortgage, the bank often wants the lease agreement as proof of income, and the pledge agreement may make letting subject to the bank's consent, so check this before signing with a tenant. Attach a handover protocol with meter readings and photos; without one, you have nothing to prove damage you want to offset against the deposit.
How it differs
A guest in short-term rental signs an accommodation contract, which creates no tenancy and gives no tenant protection. A sublease is concluded by the tenant with another person and requires the landlord's consent. A reservation agreement concerns a purchase, not a lease.
Frequently asked questions
What must a Czech lease agreement contain?
The flat, the rent and how long the lease runs; with no agreed term it is indefinite. A flat lease must be in writing, though the landlord cannot use a missing written form against the tenant. Add the service advances, the deposit and any yearly rent increase, which applies only if agreed.
How high can a security deposit be?
At most three months' rent, together with any contractual penalty (§ 2254 of the Civil Code). The landlord returns it with interest when the lease ends, minus anything the tenant owes.
Related terms
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