Tenant will not move out in Czechia: eviction order

The agreed end date passed, a termination agreement was signed, or the notice period expired—but the tenant still has the keys and the apartment was not returned. Do not treat this as a lock-changing problem. First prove that the right to use the home really ended. Then preserve a clean route from the written demand to a court order and, only if necessary, formal enforcement.

Step one: prove the lease actually ended

• Fixed term: preserve the signed lease, amendments and exact expiry date. Check any contractual renewal clause.
• Agreement: preserve the signed ending agreement, its effective date and the agreed return obligations.
• Landlord notice: preserve the notice, specific statutory reason, required instruction, delivery evidence and calculation of the notice period.
• Immediate notice: preserve the prior cure demand where required, the particularly serious breach, delivery and the requested return date.

If the end depends on a landlord notice, test that notice before building the eviction case. The court cannot issue the simplified order while a timely court proceeding is deciding the justification of that notice or the tenant’s right to use the home. Use the termination-validity checklist for the form, reason, instruction and two-month review deadline.

Do not miss the three-month fixed-term renewal risk

Under Section 2285 of the Civil Code, if a tenant continues using an apartment for at least three months after the fixed term should have ended and the landlord does not call on the tenant in writing to leave during that period, the lease is generally treated as renewed for the same term, capped at two years—unless the parties agreed otherwise. Do not wait for the third month and assume expiry alone preserved the possession claim. Send a provable written call to leave promptly and have the lease language reviewed where renewal is disputed.

Check whether the apartment was already legally returned

Section 2292 treats the apartment as returned when the landlord receives the keys and nothing else prevents access and use. If the tenant leaves in a way that makes the end of the tenancy beyond doubt, the apartment may be deemed returned immediately. That is a fact-sensitive exception, not permission to infer abandonment from one unanswered message.

• Record every key, access chip, remote, lock and person retaining access.
• Photograph the door and visible condition without forcing entry or breaching privacy.
• Save messages about departure, removal of belongings, forwarding address and proposed handover.
• Offer concrete handover appointments and a signed protocol.
• If belongings remain, do not throw them away; Section 2296 contains a separate custody, notice and possible sale process.

Send one clear demand that satisfies the 14-day gateway

Section 175a requires the claimant to attach a written demand sent at least 14 days before filing the eviction action to the address for service or, where applicable, the last known address. Treat “sent” and “received” evidence carefully; preserve the exact dispatch method, content and address. This demand is not the earlier cure notice used to support an immediate termination, and it is not merely a reminder about unpaid money.

Build the filing from documents, not conclusions

• Current proof of ownership and the complete lease with every amendment.
• The document and timeline proving expiry, agreement or valid termination.
• The 14-day written eviction demand, its exact enclosure and dispatch evidence.
• A chronology of continued use, retained keys, failed appointments and communications.
• Correct names, dates of birth or company identifiers and usable service addresses.
• The requested order identifying the apartment or house precisely.
• Documents addressing any pending review of the notice or dispute about the right of use.

File at the district court for the place where the property is located. The simplified order is not a separate private shortcut: the claimant files an eviction action, and the court may issue the order without an express request and without first hearing the defendant if Section 175a is satisfied. A Czech lawyer should check party identification, jurisdiction, claim wording, fee and attachments before filing, especially where the end of the lease is disputed.

What the former tenant receives

The order requires the defendant to vacate and pay costs within 15 days of service or file an opposition with the issuing court in that same period. The court also serves a Section 114b request for a detailed response; Section 175a sets a 30-day period from service of the order. A former tenant should not rely on a bare sentence of disagreement: protect the 15-day opposition deadline and the separate 30-day explanation-and-evidence obligation.

A live dispute about whether the lease ended, whether the notice was valid or whether another right of use exists can move the case into ordinary litigation. Illness, financial hardship or lack of replacement housing matter humanly and may support a negotiated handover plan, but they do not by themselves create a continuing tenancy. Anyone served with court papers should obtain individual Czech legal advice immediately. The tenant emergency guide to the 15-day opposition and 30-day response turns this section into a same-day checklist.

Possession and money remain separate tracks

Section 2295 gives the landlord compensation equal to the agreed rent from the day the lease ended until the apartment is actually returned. Do not call every post-termination amount “rent” or assume the eviction order calculates it. Maintain a separate ledger for this compensation, services, utilities, interest, damage and costs. Where the same history began with arrears, use the unpaid-rent evidence and termination timeline.

Do not create a self-help case against yourself

• Do not change locks while occupation and return remain unresolved.
• Do not enter by force, remove people or threaten household members.
• Do not disconnect water, heat, electricity or gas to compel departure.
• Do not dispose of furniture, documents, medicines, pets or personal belongings.
• Do not publish accusations or use neighbours or an employer as pressure.

If a final enforceable order is not obeyed, recovery proceeds through formal enforcement or an executor—not a private lockout. If there is an immediate threat to people or property, address that emergency through the police, fire service or another competent authority without using it as a substitute for the possession process. The tenant-side lockout checklist shows the urgent evidence and possession risks such self-help creates.

Close the case with an actual handover

• Sign the date and time, all returned keys and access devices, meter readings and visible condition.
• Photograph the property and list remaining items, damage and unresolved access.
• Record the forwarding address and route for the final service reconciliation.
• Stop the Section 2295 compensation ledger on the proven return date.
• Handle the deposit, interest and documented deductions separately.

Use the move-out handover protocol so the last day does not create the next dispute.