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

|Trainee attorney|Czech Bar Association Reg. No. 47031

Published:6/3/2024Updated:9/14/2026

A former tenant’s or owner’s permanent residence can be cancelled if their right to use the property has ended and they no longer actually occupy it. The application is filed with the competent registration authority and both conditions must be proven. The article explains the required documents, filing methods, administrative fee and how suitable contract clauses can prevent future complications.

Key takeaways

A petition to cancel a permanent residence address is filed with the municipal authority. It must be drafted in a non-prescribed format and contain your identification details and a clear request to cancel the permanent residence of a specific individual.
The cancellation of a permanent residence address requires two main conditions to be met. You must prove that the individual's right to use the property has ceased and that they no longer actually use it; the registration office often verifies the non-use of the property with neighbours.
Attach documents proving the cessation of the right of use to the petition. This may include a lease agreement that has expired, a notice of termination of the lease, a lease termination agreement, or a purchase agreement if the individual was the previous owner.
You will pay an administrative fee of CZK 100 for each person for filing the petition. The petition can be filed in person at the registration office, via a data box, or by e-mail with an electronic signature, with the fee being payable upon filing.

Facing a similar situation?

Mgr. Robert Dürrerjunior associate

consultation@arws.cz +420 245 007 740

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.

Frequently asked questions about the application for cancellation of permanent residence

1. Who can file an application for cancellation of permanent residence?

The owner of the building or part of it, or a person entitled to use the building, such as the tenant of a flat. On the grounds that the right of use has ceased, the registration office decides only on the application of these persons, and the applicant must prove the grounds (Section 12(2) of the Act on Population Register).

2. Does the owner have to attach an extract from the Land Registry to the application?

No, if the registration office can verify the ownership free of charge in the Land Registry via remote access (Section 12a). You only attach proof of ownership or other right of use if the registration office cannot verify it in the Land Registry.

3. How do you prove that the person no longer uses the property?

The registration office usually asks for contact information for one or two neighbours and verifies with them by telephone that the property is no longer used. You then prove that the right of use has ceased with a document, such as an expired lease agreement, a notice of termination, an agreement to terminate the lease, or a purchase agreement.

ARROWS law firm

consultation@arws.cz +420 245 007 740

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.

Frequently asked questions about the cancellation of permanent residence

1. When does the registration office cancel the permanent residence record?

It cancels it if the entry was made on the basis of false or invalid documents, if the building has ceased to exist or is not fit for habitation, or if the citizen's right of use to the building has ceased and they no longer use the building (Section 12). For former tenants and owners, the last of these grounds applies.

2. Where is the application for cancellation of permanent residence filed?

With the registration office, which is usually the municipal office, or in larger cities the office of a city district or municipal district. You draw up the application in a free-form manner and file it in person, via a data box, or by e-mail with an electronic signature.

3. Where is the person's permanent residence transferred after cancellation?

The place of permanent residence becomes the seat of the registration office in whose district the residence was cancelled, usually the address of the municipal office (Section 10(5)). The registration office then provides a place where notices of deposited mail for this person are kept.

4. Does permanent residence give a former tenant any rights to the property?

No. Registration of permanent residence does not give rise to any rights to the building or towards its owner (Section 10(2)). However, a person who has not deregistered may cause problems with mail delivery or a visit from a bailiff, so cancellation is worthwhile.

5. Can the permanent residence of a former owner be cancelled after purchasing a property?

Yes, on the same grounds as for a tenant: the former owner's right of use has ceased and they no longer use the property. The new owner files the application and proves that the right has ceased with the purchase agreement.

6. How can the risk of an uncancelled residence be prevented in a contract?

In the lease agreement, stipulate the tenant's obligation to cancel their permanent residence upon termination of the lease; in the purchase agreement, the seller's obligation to ensure the cancellation of all permanent residences at the address. It is advisable to secure both obligations with a contractual penalty.

About the author

Mgr. Robert Dürrer

Junior associate

Czech Bar Association Reg. No. 47031

Robert Dürrer is a graduate of the Faculty of Law at Palacký University in Olomouc, where he completed his studies with honors. At the Ostrava branch of the ARROWS law firm, he specializes in private law with an emphasis on real estate legal issues. His goal is to provide clients with clear, secure, and practical solutions.

durrer@arws.cz +420 245 007 742

Disclaimer:

The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2026. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 350,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS Law Firm directly (consultation@arws.cz). We are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.