Blog
As of 1 January 2026, a new procedural instrument has been introduced into practice with the aim of significantly simplifying situations where a former tenant refuses to vacate an apartment voluntarily after the termination of a lease. The amendment to the Czech Code of Civil Procedure introduces the so-called vacation order, a mechanism intended to provide landlords with a faster and administratively less burdensome alternative to standard litigation. According to the Czech Ministry for Regional Development, this measure is designed to enhance the protection of property owners while simultaneously reducing the caseload of courts.
What changes in practice
The vacation order operates in a manner similar to a payment order in monetary disputes. Where the submitted documentation is sufficient, the court may decide the matter without a hearing and without examining the tenant. The tenant then has 15 days to file an opposition. If no opposition is filed, the order becomes final and enforceable, allowing immediate enforcement, including eviction proceedings. For landlords, this represents the possibility of securing possession of their property within weeks rather than months or even years, as was often the case previously.
Conditions for issuing a vacation order
For the court to issue the order, several conditions must be met, in particular, the lease has demonstrably terminated, and the tenant has been requested in writing to vacate the premises at least 14 days before filing.
The landlord proves ownership of the property.
Typically, the application is accompanied by the lease agreement, proof of lease termination, the notice to vacate, and an extract from the Land Register. The application is filed with the competent district court based on the location of the property.
Tenant’s defence
The tenant may challenge the order by filing an opposition within 15 days of service. However, a mere disagreement is insufficient. The tenant must present specific legal grounds supported by evidence, such as claims that the lease continues or that the termination is invalid.
The tenant is also required to substantiate their objections in detail. Failure to do so may result in the court deciding the case without further evidence. The tenant’s social or personal circumstances alone do not constitute a legal basis for continued occupation of the apartment.
Why the new regulation matters
The new mechanism responds to long-standing practice where property owners faced protracted disputes even in legally straightforward cases. The vacation order brings several advantages: faster court decisions, reduced procedural costs, direct enforceability without the need for further action, and significantly greater predictability of outcomes. For property owners, this represents a substantial strengthening of legal protection.
What this means for landlords
While the new instrument simplifies the process, it also places greater emphasis on formal correctness and the quality of submitted documentation. In practice, properly prepared documentation often determines whether the court issues the order or whether standard proceedings will be required. Timely and correctly formulated pre-filing steps can significantly influence both the speed and the outcome of the process.
If you are dealing with such a situation, it is advisable to structure your approach so that the new mechanism can fulfil its purpose effectively. We will be happy to assist you and assess whether a vacation order is applicable in your case. Do not hesitate to contact us.
More articles:
Markéta Poledníková
Markéta Poledníková
"I was extremely satisfied with the services provided by Holubová advokáti. The collaboration was always professional, systematic, and attentive to detail. At the same time, I greatly appreciated their human and personal approach. Everything was explained to me clearly, I had ample opportunity to ask questions, and I felt a genuine interest in resolving my situation. In my view, the combination of expertise and personal care is exactly what one should expect from legal services. I can wholeheartedly recommend them."
Martin Herna
Martin Herna
"I would like to take this opportunity to express my sincere gratitude to the law firm Holubová advokáti s.r.o. for their professional yet genuinely compassionate approach in an exceptionally difficult period of my life.
The firm successfully represented me in a dispute with my health insurance company concerning reimbursement for a medication that enables me to actively fight an oncological illness and has already begun to show positive treatment results.
From the very outset, I felt a high level of expertise, thoroughness, and a genuine interest not only in the case itself but also in the person behind it. All legal steps were explained clearly and comprehensibly, and the communication was factual, calm, and supported by clear arguments. In a time of great uncertainty, this provided me with a much-needed sense of reassurance and trust.
My special and greatest thanks go to JUDr. Klára Dvořáková, whose commitment, precision, and empathy meant more to me than can be conveyed in just a few sentences. Her work was not only highly professional but also marked by human sensitivity and deep respect for the seriousness of the situation.
I can wholeheartedly recommend this law firm to anyone seeking top-tier legal assistance combined with a truly human approach."
Dietmar Repka
Dietmar Repka
"We express our recommendations for the law firm Holubova Advokati.
Holubova Advokati was able to resolve a project for us with confidence, composure, and perseverance that German experts had deemed hopeless.
About 80 years ago, my grandparents and my father had to leave their home. The property has now been returned to our family through the inheritance that was initiated, and thanks to the excellent work of the law firm.
During the two-and-a-half-year negotiations, there were no language problems; everyone was always well informed about the current status.
Keep up the good work, everyone."