Order for Eviction Due to Non-Payment of Rent: How to Quickly Obtain a Court Decision and Evict a Tenant

11.6.2026 | ARROWS law firm

An order to vacate an apartment is a new instrument effective from 2026 that significantly shortens the period during which a property is blocked by a non-paying tenant. If the tenancy has validly ended and the occupant refuses to move out, the court may decide swiftly on the basis of documentary evidence, without scheduling an oral hearing. However, success depends on having all contractual documentation, the notice of termination, and the pre-litigation demand letter in perfect order.

In the image, we see a lawyer providing a consultation regarding an order to vacate an apartment.

Legal framework: why an eviction order for non-payment of rent is a fundamental change
How to properly terminate a lease due to non-payment of rent
Termination with notice period vs. termination without notice period
Conditions for using an eviction order for non-payment of rent
From order to enforcement: how to actually get non-paying tenants out of an apartment
Practical tips for corporate landlords and developers

Key takeaways

First and foremost, it is important to emphasize that an eviction order does not replace proper termination of the lease agreement—it is only a faster procedural framework for turning a well-prepared termination notice for non-payment of rent into an enforceable court decision. If the termination notice fails due to missing requirements, the application for an order will usually fail as well, and the court will refer the matter to standard contentious proceedings.

An eviction order can be used only where the lease relationship has truly ended and the tenant nevertheless continues to use the apartment without legal grounds. If review proceedings regarding the validity of the termination are still pending, or if the very existence of the lease is disputed, the law expressly limits the use of an order and the landlord must proceed via a standard lawsuit.

A crucial role is played by a written pre-action demand to vacate sent at least 14 days before filing the application, ideally by registered mail with return receipt, to the service address; without it, the court must not issue the order at all. For corporate landlords, it is therefore essential to have standardized templates for such demands, a consistent approach across the portfolio, and diligent archiving of delivery receipts.

If the 15-day period expires without effect, a final eviction order becomes an enforcement title and allows the landlord to turn directly to a court bailiff (judicial enforcement officer), who will arrange the forced eviction of the apartment, including cooperation with the police and other services. If the tenant defends themselves or the fulfilment of the procedural conditions is disputed, it is advisable to be prepared for follow-on commercial and court disputes. The lawyers at ARROWS, a Prague-based law firm, help clients set up this entire process so that it is not only fast, but above all legally sound and resilient to defences raised by non-paying tenants.

Legal framework: why an eviction order for non-payment of rent is a fundamental change

The new eviction order was introduced into the Czech Code of Civil Procedure with effect from the beginning of 2026. It responds to the long-criticized length of disputes in which a non-paying tenant, after the lease relationship ends, remains in the apartment for months or even years, and the landlord must conduct lengthy litigation with all the evidentiary complications.

Traditional eviction proceedings begin with a standard lawsuit, where the court typically schedules an oral hearing, which in practice significantly prolongs the process. Order proceedings are intended to simplify this process fundamentally by limiting the court, in clear cases, to assessing only the submitted documentary evidence.

The principle of order proceedings is already known in Czech law from payment order proceedings, where the court decides on monetary claims based on the claimant’s allegations and supporting documents, without a hearing and without the defendant’s presence. The practical impacts of this change for landlords are also discussed in detail in the update How to quickly evict non-paying tenants: A new eviction order will shorten a property dispute by many months. A similar model is now being extended to matters involving eviction from an apartment or house.

According to the methodology of the Ministry for Regional Development, the court should be able to decide on an eviction order within weeks, and at the latest within a few months. In addition, the law imposes an obligation to handle eviction matters, as a rule, within six months, unless exceptional reasons arise.

For owners of larger residential portfolios, developers, and investors, this means in practice that the period during which an apartment is occupied by a tenant without legal grounds—during which it cannot be used commercially while the owner continues to bear the costs of utilities, insurance, and management—is significantly reduced.

It is essential, however, to understand that an eviction order does not change the substantive rules governing residential leases under the Czech Civil Code, which remain the same. The new instrument merely provides the landlord with a faster procedural route to enforce an already existing right.

For landlords—especially corporate landlords—the strategic question today is therefore not only how quickly they can decide to terminate a lease with a non-paying tenant, but also whether they have internal processes in place to ensure a legally flawless termination notice and the subsequent steps (demands, service, archiving of evidence).

In practice, support in the area of contracts and negotiations is often used to set up contractual documentation and internal procedures (including service and record-keeping).

The lawyers at ARROWS, a Prague-based law firm, as part of long-term external advisory services, often set up standardized workflows for clients covering the entire process from the first reminder through to the motion for enforcement.

How to properly terminate a lease due to non-payment of rent

From the perspective of the Czech Civil Code, non-payment of rent is a typical breach of the tenant’s obligations which, if sufficiently serious, may even lead to immediate termination of the lease without a notice period. However, to be able to successfully follow up later with an application for an eviction order, the termination of the lease itself must be legally sound and flawless.

Severity of the breach: from delay to particularly serious breach

The Czech Civil Code distinguishes different levels of breach of the tenant’s obligations—from ordinary delay, through serious breach, to particularly serious breach of obligations. For termination with a three-month notice period, a serious breach is sufficient, typically longer-term non-payment of rent, failure to report an increase in the number of persons living in the apartment, or unauthorized alterations to the apartment.

By contrast, termination without a notice period requires a particularly serious breach, which the law expressly considers to include non-payment of rent and service charges for at least three months. For broader context on the legal rules and procedures for dealing with non-payment of rent, it may also be useful to consult the article How to legally earn income from renting apartments: Legal rules for investors that shorten the path to dealing with non-paying tenants. The individual months do not have to be consecutive, and it may also involve partial non-payment if the overall arrears are significant.

Case law of the Supreme Court clarifies that non-payment of rent for three months is assessed as the aggregate of the outstanding amounts for three different months. It is not decisive whether the tenant owes rent, service charge advances, or part of these payments—the key factor is the total amount of the debt corresponding to the sum of payments for three months.

For corporate landlords, it is crucial to maintain clear records of payments in accounting and lease administration so that debts can be evidenced at any time. If the arrears are only marginal, a longer period of default may be required for the conduct to reach the intensity of a particularly serious breach.

Termination with notice period vs. without notice period

In leases for an indefinite term, the landlord may terminate the lease with a three-month notice period, among other reasons, due to a gross breach of the tenant’s obligations, which includes non-payment of rent. The termination notice must always be in writing, delivered to the tenant, and must state a specific termination ground; a mere reference to a statutory provision is not sufficient.

The landlord is also obliged to inform the tenant of their right to file, within two months, a motion with the court to review the validity of the termination; otherwise, the termination is invalid. The notice period begins to run on the first day of the calendar month following delivery of the termination notice.

Where rent and service charges have not been paid for at least three months, the landlord may proceed with termination without a notice period. However, the law requires the landlord to first call on the tenant in writing to remedy the breach and to provide a reasonable period to pay the debt.

Failure to comply with this prerequisite—i.e., the remedial notice—renders a termination without a notice period absolutely invalid. If the tenant does not pay the debt within that period, the landlord may deliver a termination without a notice period.

This distinction has a practical impact on an eviction order: with immediate termination, it is theoretically possible to follow up with a motion for an order sooner, but the risk of the termination being challenged due to procedural errors is higher. With termination subject to a three-month notice period, the lease continues for longer, but the formal regime is safer for the landlord.

The ideal strategy therefore depends on the specific situation, the amount of the debt, the nature of the tenant, and the available evidence. The lawyers at ARROWS advokátní kanceláře help clients set the steps so that the termination is, from the outset, geared towards the successful and swift use of an eviction order.

Practical mistakes landlords make when terminating a lease

From the perspective of a subsequent eviction order, two groups of errors are the most problematic in practice. The first consists of formal defects in the termination notice: missing specific identification of the months and amounts owed, absence of information about the right to judicial review, or an insufficient description of the wrongful conduct.

Landlords often cannot reliably prove that the termination notice was delivered to the tenant, or they served it to an address other than the agreed one. The second group concerns service and reliable evidence of delivery.

A significant risk is also the so-called tacit extension of a fixed-term lease. If the tenant continues to use the apartment for at least three months after the day the lease was supposed to end, and the landlord does not call on them during that period to vacate the apartment, the lease is deemed to have been agreed again.

If the landlord misses this three-month period and does not timely call on the tenant to vacate the apartment, the lease may be unintentionally renewed. An eviction order will then not be possible at all, because the lease relationship in fact still exists.

The lawyers at ARROWS advokátní kanceláře help clients systematically review and align document templates with the current legal framework. In practice, we often encounter situations where an owner uses an outdated termination template that does not reflect the case law.

Conditions for using an eviction order in cases of non-payment of rent

An eviction order is a tool for a very specific situation: a lease relationship existed, the lease has already validly ended, and the former tenant nevertheless continues to use the apartment or house without legal grounds. Non-payment of rent in itself is therefore not enough—it must factually and legally lead to proper termination of the lease.

Substantive conditions: ended lease and clear legal title

The basic condition for an eviction order is the existence of a prior lease relationship between the landlord (claimant) and the user of the property (defendant), which has already ceased in accordance with the Czech Civil Code. This may involve a fixed-term or indefinite-term lease terminated by notice or by agreement.

The eviction order mechanism cannot be used in other situations, for example in subleases or informal cohabitation without a lease agreement. In such cases, the court would have to conduct complex evidentiary proceedings, and order proceedings are not designed for that.

For owners and investors, this means in practice that an eviction order is primarily intended for classic residential lease relationships. In borderline situations, for example hybrid leases used for both living and business purposes, it is advisable to carry out a legal analysis as to whether it is safer to choose standard contentious proceedings.

Procedural conditions: written pre-action demand to vacate and absence of ongoing disputes

The second key condition for issuing an eviction order is a written procedural demand to vacate, which the landlord sends to the former tenant at least 14 days before filing the motion with the court. This demand differs fundamentally from the notice contained directly in the termination notice.

The demand must be sent to the service address and delivery must be provable. In practice, the landlord first terminates the lease, waits for it to end, and if the tenant does not hand over the apartment, sends them a separate procedural demand.

If the landlord does not send the demand, or cannot prove its delivery, the court must not issue an eviction order under the law. The law also assumes that an order cannot be issued if court proceedings are pending to review the validity of the termination of the lease.

Landlord’s evidentiary obligations

The motion for an eviction order must include documentary evidence showing that all conditions have been met. The court expects the lease agreement to be attached, proof of termination of the lease (termination notice with proof of delivery), the written procedural demand with proof of delivery, and an extract from the Czech Real Estate Cadastre.

If the submitted documents do not clearly show that the lease has ended and the tenant is using the apartment without legal grounds, the court will not issue the order and will commence standard proceedings. Given that order proceedings rely purely on documents, high-quality preparation of the documentation is a key success factor.

How proceedings for an eviction order work in practice

The proceedings for an eviction order are, from the landlord’s perspective, simpler than standard litigation, but they include several procedural details that must be handled correctly to avoid unnecessary delays or dismissal of the application.

Filing the application and the court fee

The application for issuance of the order is filed with the district court having jurisdiction over the location of the property. It must include precise identification of the parties, a description of the decisive facts, and a request that the court impose an obligation to vacate the apartment within 15 days of service of the order.

At the same time, a court fee of CZK 5,000 is payable under the schedule of fees for an action for vacating immovable property, an apartment, or non-residential premises. The court will invite the claimant to pay the fee within a specified time limit; if the fee is not paid, the proceedings will be discontinued.

Attorneys at ARROWS advokátní kancelář routinely propose to clients a system in which court fees and legal representation costs are recorded against a specific unit for accurate ROI calculations.

Decision without a hearing: issuance of an eviction order

If the court finds the application well-founded and all conditions are met, it will issue an eviction order. In it, it will impose on the defendant the obligation to vacate the apartment within 15 days of service, or to file an opposition within the same time limit. The order is always served on the tenant personally.

The advantage is that the court does not have to schedule a hearing or take further evidence and decides purely on the basis of documents. This significantly shortens the duration of the proceedings. However, the speed depends on the court’s workload and also on the quality and correctness of the application itself.

Tenant’s defence: opposition and its effects

After service of the order, the tenant has 15 days to file an opposition with the court that issued the order. If the tenant files the opposition in time, the order is cancelled in full and the proceedings continue as standard litigation for vacating the apartment, where the court will schedule a standard oral hearing.

If the tenant fails to properly substantiate their objections in response to the qualified request, the court may issue a judgment by acknowledgment, which strengthens the landlord’s position. As a rule, together with the order the court serves the defendant with a qualified request requiring a substantive response within the set time limit.

By contrast, a defence based solely on social or personal reasons is not legally relevant to assessing the claim for eviction. The court assesses whether the lease has validly ended. Social arguments may play a role only at the enforcement stage, not when assessing the obligation to vacate the apartment.

Possible issues	How ARROWS helps (office@arws.cz)
Incomplete or incorrect documentation: the court will not issue an eviction order, the proceedings will be unnecessarily prolonged, and the landlord continues to bear the loss from the blocked apartment	Preparation of the application and attachments: we review the lease agreement, notices of termination, delivery receipts, and demands. We compile the evidence package so that the court has all documents needed to issue the order quickly.
Incorrect claim (petit) or wording of the application: the court will request corrections or reject the application, resulting in a delay of months	Procedural representation: we draft the application precisely in line with current case law and court methodology. We ensure correct identification of the apartment unit and the wording of the obligation to vacate within 15 days.
The tenant files an opposition and the dispute becomes more complex: the landlord loses negotiating leverage and a lengthy dispute may follow	Strategic defence and evidence: we prepare procedural tactics in case of opposition. We propose evidence, represent you at hearings, and aim for the fastest possible judgment, or a settlement advantageous for the landlord.
Incorrect service: the tenant challenges the validity of the termination notice or demands and the court refuses the order	Setting up service processes: we propose internal guidelines for serving termination notices and demands. This includes using data boxes and reliable proof of service so that service is legally beyond challenge.

From the order to enforcement: how to actually get a non-paying tenant out of the apartment

The eviction order itself—even if final—does not yet mean that the apartment will be physically vacated. If the tenant does not hand over the apartment voluntarily within the set time limit, it is necessary to proceed to enforcement of the decision, typically by enforcement through eviction.

A final order as an enforcement title

If the tenant does not file an opposition against the order within 15 days of service, the order becomes final and enforceable as an enforcement title for eviction. After the time limit for voluntary vacating expires without result, the landlord may file a motion for enforcement.

The motion may be filed either with the court or directly with a court bailiff, whom the court will then authorize to carry out the enforcement. For corporate landlords, it is usually more advantageous to choose a court bailiff, who has broader powers and actively traces the debtor’s assets.

Enforcement by eviction: process and costs

After being authorized, the bailiff first sends the tenant a request for voluntary compliance, setting a 30-day time limit to vacate the property. If the tenant does not vacate the apartment voluntarily within this time limit, the bailiff will set a date for forced eviction and notify the tenant at least 15 days in advance.

The eviction itself is carried out by the bailiff entering the apartment, removing persons and movable items, and handing over the vacated apartment to the landlord. This takes place with the assistance of a locksmith and, if necessary, with the cooperation of the Police of the Czech Republic.

Enforcement by eviction is more financially demanding than standard monetary enforcement. The bailiff is entitled to a fixed fee of CZK 10,000 for evicting an apartment, a flat-rate reimbursement of cash expenses of CZK 3,500 (excluding VAT), and other reasonably incurred costs, such as transport or storage of items.

Although these costs are ultimately borne by the debtor, they often cannot be successfully recovered from insolvent tenants. The court fee for a motion to order enforcement imposing an obligation other than payment of a monetary amount is CZK 2,000.

At the same time, the legislation sets humane and health-related limits. Enforcement by eviction is not permissible if it could directly and seriously endanger the tenant’s life or health, for example in the case of serious illness or for women in the postpartum period.

Model situations from practice

In a residential portfolio owned by a development company, one problematic tenant can have a domino effect. They block a unit, increase operating costs for management, and create a negative precedent for other tenants in the project.

If a termination notice is properly served on them, followed by a procedural qualified request and an eviction order, the period of using the apartment without legal grounds can be reduced from years to months. This significantly protects cash flow and allows the unit to be re-let commercially.

With retail units, the situation tends to be more complex because lease agreements often contain specific arrangements. In the commercial sphere, an eviction order plays a role mainly in combination with other steps, such as using bank guarantees or a right of retention.

Possible issues	How ARROWS helps (office@arws.cz)
High costs of enforcement by eviction: if the tenant has no assets, there is a risk that the bailiff’s fee and out-of-pocket expenses will not be fully recovered	Economic analysis and strategy: we will assess the prospects of recovering the costs. We will propose optimal timing for enforcement and, where appropriate, an out-of-court agreement on voluntary move-out to minimise costs.
Reputational risk in the event of forced eviction: there is a risk of damage to reputation in large residential projects	Communication and legal strategy: we will prepare recommendations for external communications and internal procedures. This will ensure that forced eviction does not harm the developer’s or investor’s reputation.
Procedural errors by the bailiff or improper handling of items: risk of subsequent disputes over damages	Oversight of the enforcement process: as the landlord’s representatives, we monitor the course of enforcement. We communicate with the bailiff and address any objections raised by the tenant as well as any damage to the landlord’s property.

Alternatives and combinations: notarial deed and contractual set-up

An eviction order is not the only tool to speed up the removal of a non-paying tenant. A significant shift in the case law of the Supreme Court regarding the use of a notarial deed with consent to enforceability opens up further strategic options for sophisticated landlords.

A notarial deed with consent to enforceability as an enforcement title

The Notarial Code allows a notarial deed to be drawn up with consent to direct enforceability, which can serve as an enforcement title similarly to a final court judgment. For a long time, however, there were disputes as to whether the obligation to vacate real estate could also be addressed in this way.

The Grand Chamber of the Supreme Court of the Czech Republic, in a key decision, unequivocally confirmed that the obligation to vacate real estate after the end of a lease may also be the subject of a notarial deed with consent to enforceability.

In practice, this means that the landlord and tenant can, when entering into the lease agreement, execute an agreement to vacate in the form of a notarial deed. In it, the tenant undertakes to vacate the apartment within a specified period after the lease ends and consents to direct enforceability.

If the tenant then does not vacate the apartment voluntarily after the lease ends, the landlord can apply directly to a bailiff with a motion for enforcement. This completely eliminates any prior court proceedings.

Eviction order vs. notarial deed: a strategic choice

For landlords who are able to agree with the tenant on a notarial deed with consent to enforceability, this instrument represents the fastest route to enforcement. However, an eviction order offers a key advantage wherever a notarial deed cannot be arranged.

For portfolio landlords, the combination of both instruments makes the most sense. For premium and strategic units, arrange a notarial deed; for most standard leases, set up processes aimed at a potential fast-track eviction order.

The attorneys of ARROWS, a Prague-based law firm, prepare for clients not only contracts and notarial deeds, but also internal manuals for efficient property management.

Preventive set-up: tenant screening and internal processes

Regardless of the chosen instrument, the foundation of success remains preventive structuring of lease relationships. This includes screening applicants in the Insolvency Register and the Central Register of Enforcement Proceedings, clear contractual arrangements, and a strict process upon the first default.

The attorneys of ARROWS, a Prague-based law firm, prepare for clients a comprehensive set of template documents—from reminders to motions for an eviction order. This helps establish internal processes for immediate and effective legal action.

Practical tips for corporate landlords and developers

For corporate landlords and developers, the issue of non-paying tenants is not only a legal matter, but also a matter of cashflow management, project reputation, and investor relations. An eviction order must be part of a broader portfolio management system.

Internal workflow upon the first non-payment

From a practical perspective, it makes sense to have a clearly defined procedure for what happens after the first, second, and third unpaid rent. The first default should immediately trigger sending a standardised written reminder stating the outstanding amount.

In the event of repeated non-payment, it is necessary to proceed without delay to a formal notice to remedy. If the debt reaches three months, immediately begin preparing the termination notice with your attorneys so that the entire process from the outset is geared towards a later fast-track order.

Coordination of legal, accounting, and operations teams

Fast eviction and subsequent steps affect multiple internal departments—from the legal department through property management to accounting. For large landlords, it therefore makes sense to have a formally defined internal policy for these situations.

ARROWS, a Prague-based law firm, offers comprehensive set-up of internal processes, including team training and monitoring of legislative changes. For clients with an international reach, we also coordinate procedures so that strategies remain consistent in other countries as well.

International element and foreign tenants

In Czech practice, there is an increasing number of situations where the tenant is a foreign natural or legal person. For these entities, it is particularly important to ensure absolutely precise service of termination notices and demands, so that they cannot successfully challenge service and the validity of legal steps.

ARROWS, a Prague-based law firm, through the ARROWS International network, helps set up contracts so that they are securely enforceable even against foreign entities. We also ensure any necessary coordination of debt recovery directly abroad.

Final summary

An eviction order for an apartment due to non-payment of rent represents, from 2026, a significant strengthening of the position of landlords managing real estate portfolios. If the landlord meets the statutory conditions, they can obtain a court decision without lengthy oral hearings.

An eviction order requires that all contractual documentation, as well as the termination of the lease relationship itself, be in perfect order. Any substantive or formal defect in the termination notice may completely block the possibility of using this fast procedural tool.

If you do not want to risk mistakes in terminating the lease, unnecessary delays, or court disputes with an uncertain outcome, it is sensible to entrust the set-up of the entire chain—from tenant selection to enforcement—to experienced specialists.

ARROWS, a Prague-based law firm, has professional liability insurance up to CZK 400,000,000 and will help you set up the processes safely via e‑mail office@arws.cz.

FAQ

1. How long does it take to obtain an eviction order after the lease ends due to non-payment?
If your notice of termination, service, and the procedural pre-action demand to vacate are all in order, the court may issue an eviction order within a matter of weeks, and at the latest within several months. The actual speed naturally depends on the workload of the specific district court and on the flawless preparation of the petition. The attorneys of ARROWS advokátní kancelář can assist you with preparing the petition – simply email office@arws.cz.

2. Do I always have to file a claim for payment of the outstanding rent before an eviction order can be issued?
No. An eviction order addresses only the obligation to vacate the apartment, not the payment of the rent debt; you can pursue the outstanding rent in parallel by a separate action, a payment order, or enforcement based on an existing enforceable title. In practice, it is often best to separate the swift recovery of the apartment from debt collection.

3. What if the tenant files an objection after the order is issued – does the order still have any significance?
If a timely objection is filed, the eviction order is set aside and the proceedings continue as a standard dispute. Nevertheless, by this stage the order proceedings have already compelled the tenant, under the threat of a judgment by default/acknowledgment, to specify their defence on the merits. An experienced attorney can leverage the dynamics of the process at this stage to your advantage and steer the dispute toward a swift decision.

4. For an eviction order, is it better to terminate with a notice period or without a notice period?
From a speed perspective, termination without a notice period appears more advantageous, as it allows the lease to end sooner and the petition for an eviction order to be filed earlier; however, it is more procedurally demanding – it requires a prior provable written demand to remedy the breach. Termination with a notice period delays the end of the lease by three months, but it can sometimes be more legally resilient against the tenant’s procedural objections.

5. Can I use an eviction order even if the tenant has left the apartment after the lease ended but left their belongings inside?
An eviction order is typically used where the tenant or other persons continue to actually occupy the apartment and refuse to vacate it. If the tenant has demonstrably left the apartment but has left movable items behind, the situation is legally specific and it is necessary to proceed strictly under the Czech Civil Code regarding the administration and potential sale or disposal of abandoned items.

6. What role does a law firm’s professional liability insurance play in resolving these disputes?
A high level of professional liability insurance (for example, up to CZK 400,000,000, as maintained by ARROWS advokátní kancelář) provides major investors, developers, and corporate landlords with full certainty and risk coverage when managing their real estate portfolios. At the same time, such an insurance limit is clear evidence of the firm’s stability and robust internal control processes.

Notice

The information contained in this article is of a general informational nature only and is intended to provide basic guidance based on the legal situation as of 2026. Although we strive for maximum accuracy, legislation and its interpretation evolve over time.

We are ARROWS advokátní kancelář, an entity registered with the Czech Bar Association (our supervisory authority), and for maximum client protection we maintain professional liability insurance with a limit of CZK 400,000,000.

To verify the current wording of the relevant 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 damage arising from the independent use of the information in this article without prior individual legal consultation.

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