How to cancel the permanent residence of former tenants or former owners?

How and where to file an application for cancellation of permanent residence?

An application for cancellation of permanent residence is filed with the competent municipal office, or the office of a city district or municipal district. The application is drawn up in a free-form manner. It must clearly state who is filing it and what is being proposed. State your first name, surname, date of birth, and address of residence, or another address for service. If you are a legal entity, state the name, identification number, and registered office address.

What must the application contain?

In addition to the general information mentioned above, you must also state and document the following in the application:

The existence of grounds for cancelling the permanent residence, i.e., that the right of use to the property has ceased, and that the person whose permanent residence is registered no longer actually uses the property or any part of it.

As a rule, you can prove this with, for example, a fixed-term lease agreement if the lease has expired, or a notice of termination of the lease or an agreement to terminate the lease, or, for example, a purchase agreement in the case where the previous owners of the property did not deregister their permanent residence.

Are you wondering how you can prove that the person is not actually using the property? As a rule, the registration office requires contact information for one or two neighbours for this purpose, whom it will contact by telephone to confirm that the person being removed no longer lives at the permanent residence address.

Your ownership right or other right of use to the property, if the registration office (usually the municipal office) cannot verify this right itself in the Land Registry.

How to file the application?

You can file the application in several ways – via a data box, by e-mail with an electronic signature, or in person at the competent registration office (usually the municipal office).

How much will it cost?

An administrative fee of CZK 100 is payable for filing an application for cancellation of permanent residence for each person named in the application (i.e., for each person whose permanent residence you are cancelling). This fee must be paid when the application is filed.

What happens after the cancellation of permanent residence?

After the registration office's decision becomes final, the person's permanent residence at the current address will be cancelled and their new permanent residence will be registered at the address of the registration office's headquarters, which is usually the address of the municipal office. This will prevent any further administrative complications associated with a person who no longer has the right to use your property.

Why is it important to cancel permanent residence?

Cancelling the permanent residence of a person who no longer has rights to your property is important for the protection of your property and rights. This will prevent potential problems that could arise, from issues with mail delivery to cases where you could be unpleasantly surprised by a visit from a bailiff if, for example, enforcement proceedings were initiated against the former tenant/owner.

How to prevent these situations, or at least reduce the risk?

As can be seen from the above, even something like an uncancelled permanent residence can cause a number of complications. That is why it is a good idea to take preventive measures to avoid these unpleasantries.

If you are in the position of an owner of a flat/house that you are leasing, it is certainly advisable to have a contractual obligation for the tenant to cancel their permanent residence upon termination of the lease, subject to a potential penalty.

Likewise, if you are in the position of buying a property, the purchase agreement should explicitly stipulate an obligation for the seller to ensure the cancellation of all permanent residences registered at the property, again subject to a potential penalty.

How can we help you?

If you are dealing with this situation, or are in a position where you might face it, our Prague-based legal team can review or create contractual documentation for you to establish obligations and potential penalties in accordance with Czech legislation.

At the same time, if you are already dealing with the cancellation of a permanent residence and are unsure how to proceed, or need assistance in preparing the application, we will be happy to help you with the entire process of cancelling the permanent residence.

Remember that properly drafted contracts, as well as the timely cancellation of permanent residence, can save you many future complications.