How to Cancel Permanent Residency for Former Tenants or Owners

Did you buy a house but find out that the former owners did not change their permanent residence? Are you selling an apartment that you rent out and found out that former tenants did not cancel their permanent residence in the apartment? How to proceed now when cooperation for canceling permanent residency is not possible, whether due to reluctance or because you have no contact with the former owners/tenants? And most importantly – how to prevent these situations? You will find out in the following article.

When can you cancel permanent residency?

Permanent residency can be canceled if the usage right (e.g., the lease) of the person to the property has expired and at the same time, if this person does not actually use the property or any part of it. This means that the person no longer has a legal reason to be registered at this address and does not actually live there.

How and where to submit a proposal to cancel permanent residency?

The proposal to cancel permanent residency is submitted to the relevant municipal office or the office of the city district or city part. The proposal is written in free form. It must be clear who is submitting it and what is being proposed. Include your name, surname, date of birth, and address of the place of residence, or another address for delivery. If you are a legal entity, provide the name, identification number, and address of the registered office.

What must the proposal contain?

In addition to the above general information, you must also state and prove in the proposal:

- The existence of reasons for canceling permanent residency, i.e., that the right to use the property has expired and that the person who has registered permanent residency no longer actually uses the property or any part of it. This can generally be proven, for example, by a lease agreement for a fixed term if the lease has expired, or a termination of the lease or an agreement to terminate the lease, or a purchase agreement in the case where the previous owners of the property did not cancel their permanent residency.

- Are you wondering how you can prove that the person no longer actually uses the property? Generally, the registry office requires contact with one or two neighbors for this purpose, whom they contact by phone to confirm that the person being removed no longer resides at the place of permanent residency.

- Your ownership right or other usage right to the property if the registry office (usually the municipal office) cannot verify this right itself in the land register.

How to submit a proposal?

You can submit the proposal in several ways – by data box, via email with an electronic signature, or in person at the relevant registry office (usually the municipal office).

How much will it cost?

There is an administrative fee of 100 CZK for each person mentioned in the proposal (i.e., for each person whose permanent residency you are canceling). This fee must be paid when submitting the proposal.

What happens after the permanent residency is canceled?

After the final decision of the registry office, the person's permanent residency at the previous address will be canceled and they will be registered with permanent residency at the address of the registry office, which is usually the address of the municipal office. This prevents 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 residency?

Canceling permanent residency for a person who no longer has the right 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 might be unpleasantly surprised by a visit from a bailiff if enforcement proceedings are, for example, initiated against the former tenant/owner.

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

As can be seen from the above, even something like an un-canceled permanent residency can cause a number of complications. Therefore, it is good to take preventive measures to avoid these unpleasant situations.

If you are in the position of the owner of an apartment/house that you rent out, it is certainly appropriate to contractually secure the tenant's obligation to cancel their permanent residency at the end of the lease, under a potential penalty.

Similarly, if you are in the position of buying a property, the purchase agreement should explicitly include the seller's obligation to ensure the cancellation of all permanent residencies registered on the property, again under a potential penalty.

How can we help you?

If you are dealing with this situation or are in a position where you might face this situation, we can review/create contractual documentation for you to set out obligations and potential penalties in accordance with the law. At the same time, if you are already dealing with the cancellation of permanent residency and are unsure how to proceed or need assistance with preparing the proposal, we will be happy to help you with the entire process of canceling permanent residency.

Remember that properly set contracts as well as timely cancellation of permanent residency can save many future complications.