When a tenant refuses to vacate an apartment after the lease ends, it can be a challenging situation for landlords. To navigate this issue effectively, we have compiled tips and recommendations in collaboration with experts from the consumer organization dTest. Here’s what landlords should know and how they should proceed in such circumstances.

Terminating the Lease: The tenant-landlord relationship typically ends either with the effectiveness of the notice or the expiration of the agreed lease period. In some cases, both parties may agree to terminate the lease at will, outside the terms of the signed agreement.

If reaching an agreement is not possible, the landlord can terminate the lease prematurely through a notice. However, the landlord can only do so in situations specified by law, such as when the tenant grossly violates their obligations under the lease agreement.

Eduarda Hekšová, director of dTest, explains, “Gross violation of obligations can occur if the tenant does not pay the rent, disturbs other tenants with excessive noise, etc.”

The notice must be in writing and should state the reasons for termination or describe how one of the legally stipulated reasons has been fulfilled. It must also include information about the tenant’s right to object to the notice and propose a review of its legality by the court. Hekšová emphasizes that a notice lacking this information is considered invalid.

The tenant then has a two-month period from the day they receive the notice to file a motion to review its legality.

When the Tenant Refuses to Move Out: If the rental relationship has been validly terminated through one of the legally prescribed methods, the tenant is obligated to return the apartment to the landlord on the designated end date of the lease. However, if any obstacles prevent the landlord from reclaiming the apartment, such as the tenant not returning the keys, it cannot be considered returned.

“If the tenant refuses to vacate, the only practical solution from a legal standpoint is a lawsuit for eviction,” states the director of dTest.

Proceeding with an Eviction Lawsuit: The first step is to formally urge the tenant to vacate the apartment. If the tenant fails to comply, the landlord must file a lawsuit for eviction with the appropriate court. The tenant must be served with the lawsuit and is given an opportunity to respond.

If the court rules in favor of the landlord, the tenant is typically required to vacate the apartment within a specified period. However, if the tenant fails to comply, the landlord can request the court’s assistance in enforcing the eviction. It is important to note that this process can be both time-consuming and expensive.

Dealing with tenants who refuse to vacate can be a complex and frustrating experience for landlords. Following the proper legal procedures, communicating clearly, and seeking legal assistance if necessary can help landlords navigate this situation effectively and protect their rights.

Article by Prague Forum