Eviction order 2026: How to get rid of a delinquent tenant faster

23.3.2026 | ARROWS law firm

From January 2026, apartment owners will have access to an eviction order that speeds up the process of removing a tenant after the lease ends. This is a simplified court procedure under Czech law, without the need to schedule a hearing if the facts clearly follow from the submitted documents. This instrument is not an automatic solution for every situation, but if strict conditions are met, it offers a route to obtaining an enforceable title more quickly.

The illustrative image shows a specialist discussing the topic of an eviction order.

What an eviction order is and why it was introduced
Basic conditions for issuing the order
How to file the motion and how the proceedings work
Filing an opposition by the tenant
Eviction after the order is issued
Key risks and mistakes

Key takeaways

An eviction order is a form of court decision issued in expedited proceedings without a hearing, analogous to a payment order.
The landlord must submit documentary evidence to the court proving that the lease relationship has validly ended and that the tenant was duly requested to vacate.
The tenant has 15 days from service of the order to file an opposition. If they do so, the order is cancelled in full and the court will schedule standard proceedings.
This instrument is suitable for “legally clear-cut” cases where termination of the lease is indisputable, for example upon expiry of a fixed term.

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

Aspect	Standard eviction lawsuit	Eviction order
Time to decision	Months to years (depending on hearings)	Weeks (if no opposition is filed)
Oral hearing	Usually yes	No (if no opposition is filed)
Taking of evidence	Witness examinations, documents, expert opinions	Only from the submitted documents
Risk of delay	High (adjournments, non-attendance)	High (filing an opposition is sufficient)
Court fee	CZK 2,000 – 5,000	CZK 2,000 – 5,000

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.

Possible risks and mistakes	How ARROWS helps (office@arws.cz)
Failure to properly serve the notice of termination	ARROWS attorneys in Prague will verify the method of service of the notice of termination, recommend a procedurally safe approach, prepare the correct service steps, and assess whether the lease has already been effectively terminated under Czech law.
Self-help eviction	ARROWS attorneys in Prague will set a lawful strategy for the next steps, prepare pre-litigation and court actions, and help you achieve eviction without the risk of liability for unlawful interference under Czech legislation.
Ongoing proceedings challenging the validity of the notice of termination	ARROWS attorneys in Prague will assess the procedural status of the matter, propose the correct timing of further steps, represent you in the dispute over the validity of the termination, and prepare the follow-up procedure for evicting the property in the Czech Republic.

Frequently asked questions about the eviction order

1. How much does the court proceeding cost?
The court fee is usually CZK 2,000 for lease relationships. In addition, you must factor in the costs of legal representation, which the court will award to you as reimbursement of costs if you are successful.

2. Is an oral notice of termination valid?
No, termination of a residential lease must be in writing; otherwise it is invalid under Czech law.

3. Can I deduct enforcement costs from the security deposit?
Yes, if you hold a security deposit and the lease agreement or the law allows it, you may set off your due receivables against the deposit.

4. What if the tenant’s belongings remained in the apartment?
If you do not have an enforcement title and the eviction is not carried out by a bailiff, you are in a difficult situation. It is recommended to make an inventory of the items and store them, not throw them away.

5. Can the court postpone the eviction for social reasons?
Yes, within enforcement proceedings the obligated party may file a motion to postpone enforcement if the eviction would put them in a particularly severe situation.

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 office@arws.cz.

Notice: The information contained in this article is of a general informational nature only and is intended to provide basic guidance on the issue based on the legal situation as of 2026. Although we strive for maximum accuracy, legal regulations and their interpretation evolve over time. We are ARROWS advokátní kancelář, an entity registered with the Czech Bar Association (our supervisory authority), and for maximum client security we are insured for professional liability with a limit of CZK 400,000,000. To verify the current wording of regulations and their application to your specific situation, it is necessary to contact ARROWS advokátní kancelář directly (office@arws.cz). We accept no liability for any damages arising from the independent use of information from this article without prior individual legal consultation.