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Residential lease agreement template for Czechia

Residential lease of a flat · Smlouva o nájmu bytu

A lease of a flat as the tenant's home under the Civil Code. It sets the parties, the flat, the term, rent and service charges, the deposit and its interest, rent indexation, repairs, household members, subletting, notice, the return of the flat and how notices are delivered.

Use it when an owner lets a flat, furnished or unfurnished, for the housing needs of the tenant and the tenant's household. With small changes it also fits a house. Do not use it for a holiday let or another clearly short-term let, which falls outside the special rules on flat leases (OZ § 2235(2)), for a service flat, for a flat of special purpose or for a sublease. The special rules protect the tenant: the law ignores a clause that cuts back the tenant's rights under them (OZ § 2235(1)) and a clause that puts a clearly unreasonable duty on the tenant (OZ § 2239).

Reviewed October 28, 2026. Not legal advice. Have a notary or lawyer check your case before you sign.

Official model: Smlouva o nájmu bytu, vzor (Ministerstvo pro místní rozvoj)

A non-binding model. Its use is not required. It is not updated for 2026: its annex still gives CZK 1,000 as the limit for one minor repair, and it bans smoking in the flat, a clause the ministry's own guidance lists as clearly unreasonable. Use it only for comparison.

Key facts

Applies to
Whole country
Deposit cap
The deposit (jistota) and any contractual penalties together: at most 3 months' rent (OZ § 2254(1)).
Interest on the deposit
From payment, at least at the legal rate (OZ § 2254(2)). The law fixes no rate, so state a fixed rate. The interest cannot be excluded.
Rent payment
Monthly in advance, by the 5th day of the month unless a later day is agreed (OZ § 2251(1)).
Rent increase without a clause
Up to the local comparable rent, no more than 20% over 3 years, and not within 12 months of the last increase (OZ § 2249).
Tenant's notice
3 months. No reason needed for an indefinite lease (OZ § 2231). For a fixed term, only after a change of circumstances (OZ § 2287).
Start of the notice period
The first day of the month after delivery (OZ § 2286).
Landlord's notice
3 months, only on the grounds in OZ § 2288, with the reason stated (OZ § 2286(2), § 2288(3)).
Tenant's court review
The landlord's notice states the tenant's right to object and to ask a court to review it within 2 months (OZ § 2290).
Notice without a period
Particularly serious breach, e.g. 3 months' unpaid rent and service charges, after a call to remedy. The notice names it (OZ § 2291).
Minor repairs
Tenant pays listed small repairs, others up to CZK 1,500 each, at most CZK 150 per m² a year (nařízení vlády č. 308/2015 Sb., § 4 to § 6).
Service charge settlement
Within 4 months after the billing period. The balance is due by the agreed date, within 4 months of delivery (zákon č. 67/2013 Sb., § 7).
Staying after a fixed term
If the tenant stays 3 months past the end with no written request to leave, the lease renews for the same term, at most 2 years (OZ § 2285).

The document

Text shown

You sign the Czech version. The English version helps you understand it. Your answers fill both.

Residential lease of a flat

  1. 1.Parties

    1. 1.1

      Landlord: Landlord (hereinafter "the landlord")

      For each owner: full name, date of birth and address. For a company: name, registered office, ID number (IČO) and who signs for it.

    2. 1.2

      Tenant: Tenant or co-tenants (hereinafter "the tenant"). Under § 2201 et seq. and § 2235 et seq. of Act No. 89/2012 Coll., the Civil Code, the parties make this lease of a flat.

      Give each tenant's full name, date of birth and address. Tenants who sign become joint tenants with the same rights and duties (OZ § 2270, § 2271).

  2. 2.The flat

    1. 2.1

      The landlord owns Flat as described in the cadastre, at the address Street address, floor and door number (hereinafter "the flat"). The flat consists of Rooms with a total floor area of Floor area m².

      Check the owner on the cadastre before you sign. A tenant who lives in the flat 3 years in good faith is protected even if the lease had a defect (OZ § 2238).

    2. 2.2

      Optional

      The lease includes the right to use: Accessory spaces.

    3. 2.3

      The flat is let as Furnishing. The furniture and equipment are listed in the handover report.

    4. 2.4

      Before this lease was signed, the landlord showed the tenant the energy performance certificate; energy class: Energy class from the PENB. A copy of the certificate is attached to this lease.

  3. 3.Purpose

    1. 3.1

      The landlord lets the flat to the tenant to meet the housing needs of the tenant and the tenant's household. On the day of signature the following persons will live in the flat with the tenant: Household members.

      The tenant may also work or run a business in the flat if it puts no extra burden on the flat or the building (OZ § 2255(2)).

  4. 4.Term

    1. 4.1

      The lease starts on Start date of the lease.

    2. 4.2

      Optional

      The lease is made for an indefinite period.

      Keep this clause or the next one, not both. With an indefinite lease the tenant can leave with 3 months' notice, and the landlord only on legal grounds.

    3. 4.3

      Optional

      The lease is made for a fixed term until End date, for a fixed term.

      A fixed term ends on its date. Before then, the tenant can leave only after a change of circumstances, and the landlord only on § 2288 and § 2291 grounds.

  5. 5.Handover

    1. 5.1

      The landlord will hand over the flat to the tenant, fit to move into and live in, on Handover date. The flat is handed over when the tenant receives the keys and nothing prevents the tenant's access to it.

    2. 5.2

      The parties will draw up a handover report stating the condition of the flat and its equipment, the meter readings and the number of keys handed over. The handover report is attached to this lease.

      The report is the reference point when the flat is returned (OZ § 2225(1)). Add dated photos.

  6. 6.Rent

    1. 6.1

      The rent is CZK Monthly rent in CZK, without services per month.

    2. 6.2

      The tenant pays the rent together with the service advances monthly in advance, no later than day Payment day of the month of the calendar month for which payment is made, by bank transfer to the landlord's account no. Landlord's bank account.

      Day 5 or later, never earlier. The landlord may not ask for other payments, such as a further deposit, or for post-dated cheques (OZ § 2251).

    3. 6.3

      Optional

      Once a year, on Annual indexation date, the landlord may increase the rent by the average annual inflation rate for the previous calendar year published by the Czech Statistical Office. The landlord notifies the increase in writing at least 30 days in advance.

      An annual increase is allowed when the lease provides for it (OZ § 2248). Without this clause the landlord must use the slower § 2249 procedure.

  7. 7.Services

    1. 7.1

      The landlord provides the following services connected with the use of the flat: Services the landlord provides. The tenant pays monthly advances for them of CZK Monthly advances for services in CZK.

    2. 7.2

      The landlord settles the advances for each billing period under Act No. 67/2013 Coll. and delivers the settlement to the tenant no later than 4 months after the end of the billing period. Any overpayment or underpayment is due within 30 days after delivery of the settlement.

      The tenant may ask for the supporting documents within 30 days of delivery and object within the same period.

    3. 7.3

      Optional

      The tenant buys electricity and gas under the tenant's own contracts with suppliers and pays the suppliers directly.

  8. 8.Deposit

    1. 8.1

      No later than the day this lease is signed, the tenant pays the landlord a cash deposit of CZK Deposit in CZK as security for payment of the rent and performance of the other duties arising from the lease.

      Deposit and penalties together: at most 3 months' rent. The landlord may set off only lease debts, such as unpaid rent or damage beyond normal wear.

    2. 8.2

      The deposit bears interest at Annual interest rate on the deposit% a year from the day it is paid.

      The law gives interest at least at the legal rate but does not fix it. The Public Defender of Rights advises a fixed annual rate that is not symbolic.

    3. 8.3

      When the lease ends, the landlord returns the deposit with interest to the tenant within Days after handover to return deposit days after the flat is returned, after setting off any amount the tenant owes under the lease.

      The law returns the deposit when the lease ends but sets no number of days. Agree one. Ministry for Regional Development guidance gives 30 days.

  9. 9.Use of the flat and repairs

    1. 9.1

      The tenant uses the flat properly in line with this lease and keeps the house rules and the usual rules of conduct in the building.

      A tenant may keep an animal that causes no unreasonable trouble in the building (OZ § 2258). The law ignores a clause that cuts back this right (OZ § 2235(1)).

    2. 9.2

      The tenant carries out and pays for routine maintenance and minor repairs connected with the use of the flat under Government Regulation No. 308/2015 Coll. The landlord is responsible for all other maintenance and repairs of the flat and the building.

      From 1 January 2026 a minor repair costs up to CZK 1,500, and all minor repairs in a year up to CZK 150 per m² of floor area.

    3. 9.3

      The tenant reports to the landlord without undue delay any damage or defect in the flat that the landlord must repair, and reports at once any damage or defect that must be repaired immediately.

      A tenant who reports late loses the right to a refund of costs (OZ § 2265(3)).

    4. 9.4

      After notice given a reasonable time in advance, the tenant allows the landlord to inspect the flat to the extent necessary and gives access for necessary repairs or maintenance. No prior notice is needed when it is necessary to prevent damage or when delay is dangerous.

  10. 10.Household and sublease

    1. 10.1

      The tenant notifies the landlord without undue delay, and within 2 months at the latest, of any change in the number of persons living in the flat.

      Failing to report a new household member within 2 months is presumed to be a serious breach (OZ § 2272(1)).

    2. 10.2

      Optional

      The landlord reserves consent to the tenant taking a new member into the household, except for a close person or another case deserving special consideration. Consent must be in writing.

      Keep it if the landlord wants control over who moves in. Close relatives and partners can move in without consent.

    3. 10.3

      If the tenant does not live in the flat permanently, the tenant may sublet the flat or part of it only with the landlord's prior written consent.

      A tenant who lives in the flat may sublet part of it without consent (OZ § 2274).

  11. 11.Alterations

    1. 11.1

      The tenant may adapt, rebuild or otherwise change the flat only with the landlord's prior written consent. When the lease ends, the tenant restores the flat to its original state, unless the landlord says this is not required.

  12. 12.End of the lease

    1. 12.1

      The lease ends when the agreed term expires, by written agreement of the parties, or by notice on the grounds and within the periods set by law.

    2. 12.2

      Notice must be in writing and must reach the other party. The notice period is 3 months and runs from the first day of the calendar month after the notice reached the other party.

      This does not apply to notice without a notice period for a particularly serious breach.

    3. 12.3

      The landlord may give notice only on the grounds in § 2288 and § 2291 of the Civil Code. The notice states the ground and informs the tenant of the right to object to the notice and to ask a court to review whether it is justified.

      The tenant has 2 months from delivery to ask the court (OZ § 2290).

  13. 13.Return of the flat

    1. 13.1

      The tenant returns the flat to the landlord on the day the lease ends in the condition in which the tenant received it, allowing for normal wear from normal use and for defects the landlord must repair. The flat is returned when the landlord receives all the keys.

    2. 13.2

      The parties draw up a handover report with meter readings on return of the flat. If the tenant does not return the flat on the day the lease ends, the landlord is entitled to compensation equal to the agreed rent until the day the tenant actually returns it.

  14. 14.Notices

    1. 14.1

      Documents under this lease are delivered to the addresses of the parties given above, unless a party gives another address in writing. The parties may send ordinary messages by e-mail: landlord Landlord's e-mail, tenant Tenant's e-mail.

      Send a notice to end the lease by registered post with a delivery receipt or by hand against a signed receipt, not by plain e-mail.

    2. 14.2

      Optional

      The parties agree that documents under this lease, including notice, may also be delivered through data boxes.

      Since 1 January 2026 such a clause is presumed not to be unreasonable for the tenant (OZ § 2239(2)). Keep it only if both parties have a data box.

  15. 15.Other terms

    1. 15.1

      Optional

      Other agreed terms

      Any term here must respect the tenant protection rules. The law ignores a clearly unreasonable duty on the tenant (OZ § 2239(1)).

  16. 16.Final provisions

    1. 16.1

      This lease may be changed only by written amendments signed by both parties. The lease is governed by Czech law, in particular the Civil Code.

    2. 16.2

      The handover report, a copy of the energy performance certificate and the house rules are attached to this lease. The lease is made in as many counterparts as there are parties, and each party receives one.

  17. 17.Signatures

    1. 17.1

      At Place of signature on Date of signature. Landlord: .................... Tenant: ....................

Fill in the details

0/27
1.Parties
2.The flat
Furnishing
Energy class from the PENB
3.Purpose
4.Term
5.Handover
6.Rent
7.Services
Services the landlord provides
8.Deposit
14.Notices
15.Other terms
17.Signatures

Formalities

  1. The lease must be in writing, but the landlord cannot claim it is invalid for lack of form (OZ § 2237).
  2. Make one original for each party. Each landlord and each co-tenant signs.
  3. No notary, registration or stamp duty is needed.
  4. Before signing, the landlord shows the tenant the PENB energy certificate or a copy, and hands it over at signature at the latest (zákon č. 406/2000 Sb., § 7a).
  5. Attach the handover report with meter readings and keys, a copy of the PENB, the house rules and, for a furnished flat, the list of furniture.
  6. To deliver notices through data boxes (datové schránky), say so in the lease.

Common mistakes

  • Asking for a deposit and penalties that together exceed 3 months' rent. The cap protects the tenant and a contract cannot raise it.
  • Writing that the deposit earns no interest. The tenant keeps the right to interest whatever the lease says.
  • Giving the landlord a right to end a fixed-term lease at will. The law ignores it, and the landlord can use only the grounds in § 2288 and § 2291.
  • Sending a landlord's notice without the reason or without the statement of the tenant's right to court review. The notice is then invalid.
  • Agreeing a flat fee with heating, hot water or water for a lease over 24 months or indefinite. These must be settled each year (zákon č. 67/2013 Sb., § 9(4)).
  • Skipping the handover report. Without it, the parties argue later about damage and the deposit.
  • Changing the locks on a tenant who stays after the lease ends. The landlord needs a court decision.
  • Skipping the written demand to vacate. Since 1 January 2026 a court can issue a fast eviction order if the landlord sent it at least 14 days before suing.

Legal basis

  • Zákon č. 89/2012 Sb., občanský zákoník, § 2201 to § 2234 (lease, general rules)
  • Zákon č. 89/2012 Sb., občanský zákoník, § 2235 to § 2301 (lease of a flat or a house)
  • Zákon č. 89/2012 Sb., občanský zákoník, § 2254 (deposit and contractual penalty)
  • Zákon č. 89/2012 Sb., občanský zákoník, § 2286 to § 2291 (notice)
  • Zákon č. 67/2013 Sb., on services in buildings with flats (advances, settlement, flat-rate payment)
  • Nařízení vlády č. 308/2015 Sb., o vymezení pojmů běžná údržba a drobné opravy související s užíváním bytu
  • Zákon č. 406/2000 Sb., o hospodaření energií, § 7a (energy performance certificate)
  • Zákon č. 176/2025 Sb. (eviction order in the Civil Procedure Code, § 175a; data box clause in OZ § 2239(2))

Sources

  • Nájem bytu (leták veřejného ochránce práv, leden 2026)
  • Nařízení vlády č. 308/2015 Sb., aktuální znění od 1. 1. 2026
  • Zákon č. 176/2025 Sb., kterým se mění některé zákony v souvislosti s přijetím zákona o podpoře bydlení
  • Nájemní smlouva
  • Zákon č. 67/2013 Sb., aktuální znění od 1. 1. 2026

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