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Building and housing

Terminating a flat lease

Whether you're giving notice or your landlord is, it's governed by the Civil Code, not by an agreement on what's "fair". What matters is who is giving notice, why, and whether the lease is for a fixed or indefinite term.

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Verified 23 September 202610 cited law paragraphs

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What this depends on

You'll need to know this about your plan

  • Who is giving notice?
  • Is your lease for a fixed term, or indefinite?Check your lease agreement. If it doesn't state a specific end date, it's most likely indefinite.Only asked in some cases
  • What reason does the landlord give for the notice?Check the text of the notice for what the landlord states as the reason.Only asked in some cases

Possible outcomes

How this can turn out

  • Three-month notice period

    You can terminate an indefinite-term lease without giving a reason. It must be in writing and the notice period is three months.

    Court3-month notice period from the first day of the month following delivery of the notice to the landlord
    • I as the tenant want to terminate the lease
    • Indefinite term
    Open this result
  • Only on a change of circumstances

    You can only terminate a fixed-term lease when circumstances have changed so fundamentally since signing the agreement that you can't reasonably be expected to continue the lease.

    CourtThe law doesn't explicitly state the length of the notice period for this reason. Check your lease agreement, otherwise count on at least the usual three-month period.
    • I as the tenant want to terminate the lease
    • Fixed term
    Open this result
  • No notice period, but not without conditions

    For a particularly gross breach of your duties (e.g. three months of unpaid rent), the landlord can terminate the lease without a notice period, but the notice must state the reason and must have been preceded by a call to remedy it. If either is missing, the notice has no effect.

    CourtPetition for court review of the notice within 2 months of delivery; hand over the flat no later than 1 month after the lease ends
    • I received notice from the landlord
    • They claim a particularly gross breach (e.g. rent arrears) and want me out immediately, without a notice period
    Open this result
  • Three months to leave, two to defend yourself

    The landlord can only give notice for reasons the law lists, with a three-month notice period, and must inform you of your right to defend yourself in court.

    Court3-month notice period from the first day of the month following delivery; petition for court review within 2 months of delivery
    • I received notice from the landlord
    • They state another statutory reason, with a notice period
    Open this result

Where this comes from

Primary sources, not a paraphrase

§ 2231 odst. 1 a 2Civil Code No. 89/2012 Coll.: terminating an indefinite-term lease, three-month notice period, no reason needed§ 2286 odst. 1Civil Code No. 89/2012 Coll.: written form of the notice§ 2254 odst. 2Civil Code No. 89/2012 Coll.: returning the deposit and interest on it§ 2287Civil Code No. 89/2012 Coll.: terminating a fixed-term lease on a change of circumstances§ 2291 odst. 1 a 2Civil Code No. 89/2012 Coll.: notice without a notice period for a particularly gross breach§ 2291 odst. 3Civil Code No. 89/2012 Coll.: conditions of validity of a notice without a notice period§ 2290Civil Code No. 89/2012 Coll.: the tenant's right to propose court review of the notice§ 2288 odst. 1 a 3Civil Code No. 89/2012 Coll.: the landlord's grounds for notice and the three-month notice period§ 2286 odst. 2Civil Code No. 89/2012 Coll.: information about the right to court review§ 2289Civil Code No. 89/2012 Coll.: the landlord's duty to re-lease the flat or compensate for damage

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