Eviction Order in the Czech Republic: How to Quickly and Legally Evict a Problematic Tenant Under New Rules

What is an eviction order and why was it introduced in Czechia?

Until now, evicting a former tenant (e.g., a non-payer who remained in the apartment or house even after the lease agreement expired) meant having to file a standard eviction lawsuit with a Czech court. These court disputes often dragged on for months or even years, causing landlords enormous financial losses.

Therefore, starting January 1, 2026, the Czech Civil Procedure Code introduces the eviction order. This procedural tool works on a similar principle to the more well-known payment order for monetary debts. If the landlord presents clear documentary evidence to the court, the court can make an expedited decision – meaning without ordering an oral hearing and without the physical presence of the parties.

What conditions must the landlord meet?

Czech law, of course, does not allow you to file a motion just like that. For the court to issue an eviction order, the following conditions must be met simultaneously:

• The lease relationship has validly ended: You must prove with documents that the former tenant's legal right to use the apartment or house has ceased (for example, by the expiration of an agreed fixed term, a valid termination notice, or a written agreement under Czech law).
• Pre-action notice to vacate: The landlord must request the tenant in writing to voluntarily vacate the property, at least 14 calendar days before filing the actual motion with the court.
• No other pending court dispute: The order cannot be issued if there are already ongoing court proceedings in which the tenant is seeking a declaration of invalidity of the lease termination, or which otherwise address their right to use the property.

In practice, you will therefore primarily attach the lease agreement, proof of the valid termination of the lease, and the sent notice to vacate (including proof of sending or delivery) to your motion.

What happens after the order is issued?

If the court concludes from the submitted documents that you have the right to eviction, it will issue an eviction order and serve it to the defendant (the tenant) strictly into their own hands. In the order, the court will instruct the tenant to vacate the apartment or house and pay your legal costs within 15 days of delivery.

However, the tenant has the right to defend themselves. Within the same 15-day period, they can file a statement of opposition against the order. Therefore, two basic scenarios can occur:

1. The tenant does not file an opposition: The eviction order becomes final and legally binding, serving as an enforcement title. You can then immediately take this decision to a Czech bailiff to carry out a forced eviction.
2. The tenant files an opposition: The eviction order is automatically canceled, and the matter moves into standard court proceedings. However, to prevent bad-faith obstructions (where the tenant files an opposition just to buy time and stay in the apartment longer), the court will attach a so-called qualified summons to the order. The tenant is given a 30-day period in which they must describe to the court the grounds for their defense and support their claims with evidence.

Attention: Debts are handled separately

It is important to remember that the eviction order institute deals exclusively with the vacating of the property. You cannot use it to claim monetary demands, such as outstanding rent, utility arrears, or unjust enrichment. To recover these debts, it is necessary to simultaneously (or subsequently) use a standard lawsuit or a motion for a payment order.

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Summary: Key takeaways about the eviction order in the Czech Republic

• Speeding up the process: The eviction order allows the court to order the eviction of a former tenant "from the desk," i.e., without scheduling an oral hearing.
• Necessity of a pre-action notice: The court will not issue the order without a written notice for voluntary eviction sent at least 14 days before filing the motion.
• Quick reaction from the tenant: After the order is delivered into their own hands, the tenant has only 15 days to potentially defend themselves and file an opposition.
• Bulletproof paperwork: For the successful issuance of the order, it is absolutely crucial to have flawlessly prepared documentation, especially clear proof of the termination of the lease.

Do you have an unauthorized tenant left in your Czech property?

Whether you need to correctly draft and deliver a pre-action notice, or you want to directly file a motion with the court for an eviction order, do not hesitate to contact me or check out more information about my services in the field of Czech real estate and litigation.