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Nájemní smlouva

agreement to rent housing

What does “Nájemní smlouva” mean in Czechia?

Nájemní smlouva (rental agreement) is a contract for renting a dwelling between the owner (pronajímatel) and the tenant (nájemce). It must be in writing — § 2237 of the Civil Code.

Asymmetry of Written Form

The landlord cannot challenge the absence of a written form — but the tenant can. The law intentionally protects the weaker party.

What Terms Are Illegal (§ 2239)

A term with a clearly disproportionate obligation for the tenant is a "zdánlivé" (apparent) provision: legally, it does not exist.
A notice period shorter than the legal one.
A ban on receiving guests.
Any reduction of the tenant's legal rights.

Smluvní pokuta

A contractual penalty is allowed from 01.07.2020, but there is a strict limit: the security deposit plus all contractual penalties together ≤ 3× the monthly rent.

Automatic Renewal (§ 2285)

The contract term has ended, the tenant continues to use the apartment, and the landlord has not demanded in writing within 3 months that they vacate it — the lease is renewed for the same term, for a maximum of 2 years. This rule is dispositive: it can be excluded in the contract.

Important. A clause that contradicts § 2239 is not valid, even with your signature — but you will have to prove it. Check the notice period and the security deposit limit BEFORE signing, not after.

Examples of use

The lease agreement is concluded for a fixed term of one year.

The lease agreement is concluded for a fixed term — one year.

The lease agreement for an apartment must be in writing.

The apartment rental agreement must be in writing.

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Frequently asked questions

Does the landlord offer an oral agreement? Is this legal?

The law requires a written form (§ 2237), but only the tenant, not the landlord, can challenge its absence. In practice, an oral agreement leaves you without proof of the price, deposit, and term — insist on a written one.

The contract says "výpovědní doba 14 dní" (notice period 14 days). Does this apply?

No. An agreement that reduces the legal rights of the tenant is "zdánlivá" (seemingly valid) under § 2239, meaning it legally does not exist. The legal notice period of 3 months applies.