Eviction order 2026

What an eviction order is and why it was introduced

Previously, the main legal route for landlords to have a tenant vacate was the standard process of filing an action for eviction of the property under Czech law. The court had to schedule an oral hearing, take evidence, and then issue a judgment. Depending on the court’s workload and the tenant’s procedural defence, the entire process took on average 12–18 months.

An eviction order works on a similar principle to the well-known payment order. It is a decision the court issues solely on the basis of documentary evidence submitted by the claimant, without hearing the defendant or scheduling a hearing. The aim is to protect property rights and speed up the process in factually clear situations.

That said, it must be emphasised that an eviction order is not a solution for every situation. If the tenant files an opposition, the matter returns to the standard procedure.

Basic conditions for issuing the order

For the court to be able to issue an eviction order, it must be clear from the submitted documents that the landlord’s claim is justified. Specific statutory conditions must be met.

Termination of the lease relationship

You must prove the termination of the lease with documents. Typically, this is the expiry of the agreed term where a fixed-term lease agreement has ended. Watch out for the automatic renewal of the lease under Section 2285 of the Civil Code. The landlord must request the tenant to vacate within 3 months after the lease ends; otherwise, the lease is renewed.

It may also be a valid notice of termination, for example due to non-payment of rent or a gross breach of obligations. In such a case, you must provide the written notice with proof of service and evidence that the notice period has expired. Another option is a written agreement on termination of the lease.

If court proceedings are pending to review the validity of the notice of termination, the court will usually wait for the outcome of those proceedings or dismiss the motion for eviction.

Pre-action demand letter

A condition for successfully being awarded reimbursement of costs of proceedings is sending a pre-action demand letter within the meaning of Section 142a of the Czech Code of Civil Procedure. The letter must be sent at least 7 days before filing the motion with the court and must include a request to vacate.

In practice, it is advisable to send the letter by registered mail with return receipt or via a data box (datová schránka) so that you can prove to the court that it was sent. Without provable service of the letter, the chances of success in order proceedings are significantly reduced.

Proof of ownership

You must attach evidence to the motion showing that you are the entitled person, i.e., the owner of the property. While the court can consult the Real Estate Cadastre, the standard is to identify the evidence by an extract from the title deed.

Collecting documentation and preparing the motion

In order proceedings, the court decides exclusively on the basis of the evidence you submit. If something is missing, the court will not issue the order and will schedule a hearing.

Mandatory attachments include the lease agreement, proof of termination of the lease, and the pre-action demand letter. You must also provide evidence of breach of obligations if that is the reason for the notice of termination. The motion can be filed in paper form or electronically via a data box (datová schránka).

How to file the motion and how the proceedings work

The motion is filed with the district court (okresní soud) or Prague district court (obvodní soud) in whose jurisdiction the property is located. It must include identification of the parties, a description of the decisive facts, and designation of evidence.

After filing, the court will invite you to pay the court fee, which in 2026 is typically CZK 2,000 in matters concerning the lease of immovable property. The fee is payable immediately or upon the court’s request.

If the court finds the claim proven, it will issue an eviction order. In it, it will order the tenant to vacate the apartment within 15 days of service of the order and to pay the costs of proceedings, or to file an opposition within the same time limit.

The eviction order must be served on the defendant personally. Substitute service by legal fiction is excluded in this case. If the order cannot be served, the court will cancel it by resolution and schedule a hearing.

Filing an opposition by the tenant

Filing an opposition is the tenant’s only means of defence at this stage. The opposition does not have to be reasoned; a simple expression of disagreement is sufficient, but it must be filed in time within 15 days.

If the tenant files an opposition, the eviction order is cancelled in full and the court will schedule an oral hearing. An eviction order therefore pays off in cases where you expect the tenant to remain passive or where their defence is clearly hopeless.

Eviction after the order is issued

If the tenant does not file an opposition, the order becomes final and enforceable and constitutes an enforcement title. You now have two basic options.

Voluntary vacating

With an enforcement title in hand, you can give the tenant one last request to leave voluntarily. Warn them that otherwise a bailiff will step in, which will mean significant additional costs for them.

Enforcement by eviction

If the tenant does not respond, you will file a motion to commence enforcement with a judicial bailiff. The bailiff will call on the obligated party to comply and, if they fail to do so, will carry out the eviction in person.

During the eviction, an inventory is made of the items being removed from the apartment. The bailiff’s fee for evicting real property is set by the Bailiff Tariff and usually consists of a fixed amount plus reimbursement of out-of-pocket expenses.

Comparison of an eviction order with a standard lawsuit

Main risks and mistakes

Failure to properly serve the notice of termination

A common mistake is that the landlord has no proof of service of the notice of termination. If the notice was not served or did not reach the tenant’s sphere of control, the lease continues.

Self-help eviction

We caution against changing locks, disconnecting utilities, or removing the tenant’s belongings without an enforcement title. Always proceed exclusively through legal channels.

Ongoing proceedings challenging the validity of the notice of termination

If the tenant has filed a claim to review whether the termination was justified, filing an eviction petition is often premature. The court will usually stay the eviction proceedings until the validity of the termination is decided.

Conclusion

An eviction order is an effective procedural tool to speed up resolving a situation with a non-paying tenant in 2026. However, it works only if you have perfectly prepared documentation and the tenant does not actively obstruct the process by filing an opposition.

Lawyers from ARROWS advokátní kancelář, a Prague-based law firm, can help you assess whether, in your case, it is more appropriate to file a motion for an eviction order or to choose a different strategy. To minimize risks and mistakes, contact us at consultation@arws.cz.