23. 10. 2024
Game Over for Parasitic Tenants?
Parasitic tenants - almost everyone has at least heard about a landlord, who cannot get rid of a tenant who stubbornly resists eviction. Even after the end of the lease. The existing legal framework only provides for lengthy solutions causing additional costs and loss of rent. Such a situation can soon turn into a nightmare for the landlord.
An upcoming amendment to the Civil Procedure Code provided by the Government of the Czech Republic seeks to change this. The amendment introduces a new instrument into the legal system, the so-called eviction order. This type of court decision, analogous to a payment order, entails a simplified and accelerated procedure. This is, however, subject to the fulfilment of certain specific conditions:
it concerns the lease of a flat or a house;
the lease has already been terminated;
the landlord has invited the tenant to vacate the property at least 14 days before the action is brought.
The court may decide without hearing the parasitic tenant and order him to vacate the property within 15 days. In case the tenant fails to comply with this court order, the landlord may initiate its enforcement. The tenant has the right to lodge a statement of opposition, which will cancel the eviction order and the traditional court proceedings shall continue. It thus seems that the eviction order will be an effective tool against former tenants who do not care about their rights, but not so much against seasoned scammers.
As this is a government bill, it will be subject to approval in the Czech Parliament. It is therefore possible that the final wording will undergo significant changes that could further strengthen the landlord’s position. We will continue to monitor the further development of this bill so that we can effectively assist concerned landlords in the future. However, if you already have a problem with a tenant, do not hesitate to contact our team, who are prepared to defend your rights under the existing rules.
By Mgr. Ing. Jan Valíček
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G&P Newsletter 1/2024 (PDF)
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