Newsletter (not only) for brokers - Evicting a tenant without a court order: With a notarial deed it is possible again!
In the past, a notarial deed with a permit for direct execution was an effective tool for quickly evicting problem tenants. Landlords could enter into an agreement with the tenant to vacate the apartment under Section 71b of the Notarial Code, which had the same weight as a court decision. If the tenant did not vacate the apartment in accordance with the agreement, the landlord could take the matter directly to the bailiff without having to file a lawsuit or conduct often lengthy court proceedings.
However, in May 2020, a major change occurred - the Supreme Court challenged the use of notarial deeds with direct enforceability to evict a property , which brought complications for landlords in terminating leases.
This year, however, the Supreme Court reconsidered its earlier opinion and clearly confirmed that a notarial deed with permission for direct enforceability can be an enforcement document for the eviction of real estate. This once again opens up the possibility for landlords to effectively obtain the eviction of problematic tenants.
How does a notarial deed with authorisation for direct enforceability work?
At the beginning of a lease, sublease or other contractual relationship - or at any time during its duration - the landlord and tenant can enter into an agreement in the form of a notarial deed in which the tenant agrees to vacate the apartment. At the same time, in the agreement, the tenant agrees that his obligation, if not duly and timely fulfilled, may be enforced by execution or enforcement.
A typical example is where the lease is for a fixed term, for example until 31 December, and the tenant refuses to vacate the property on the last day of the lease. If the landlord and the tenant have agreed in the entry to vacate within 15 days after the end of the agreed lease term, the landlord may file a petition for enforcement proceedings on 16 January.
If the tenancy ended before the specified date, typically by agreement or termination, it is necessary to examine whether the eviction is only linked to the originally agreed period of the tenancy. If so, the eviction can only be sought after the expiry of that period. However, even this may be a quicker course of action than going to court in a particular case, for example for fixed-term leases of up to one year.
The only disadvantage is the landlord's increased initial costs, as he will always pay at least CZK 3,000 for a notarial deed with permission for direct enforceability.
The importance of the decision for landlords' practice
The Supreme Court's April 2024 decision once again provides landlords with an effective tool for dealing with unwanted tenants. In practice, the procedure saves them the time and costs associated with evicting the property, which also allows them to restore rental income more quickly.