Normal wear and tear
Normal wear and tear means the marks that everyday, proper use leaves on a flat. It depends on the original condition, the materials and how long the tenancy lasted. The tenant doesn't have to hand the flat back as new. They are, however, still responsible for routine maintenance, and wear and tear can't be used to excuse every kind of damage.
Also known as: ordinary wear and tear, wear and tear in a flat
When it's wear and tear and when it's damage
A floor that has been walked on for several years won't look new. Slight changes in colour or reasonable signs of foot traffic are usually wear and tear. A burn mark in the floor or a broken cabinet door is a different matter. Base your assessment on the cause and extent of the damage and on the condition at move-in. An impression from the final inspection alone isn't enough.
The tenant returns the flat in the condition in which they took it over, except for normal wear and tear from proper use and defects the landlord is supposed to fix. This rule is set out in § 2293 of the Civil Code (občanský zákoník). A separate question is any alterations the tenant made to the flat and whether they must restore it to its original state.
Repainting and cleaning
Routine maintenance includes, for example, cleaning the flat and its fittings, and the government regulation also counts repainting among these tasks. So it isn't true that a tenant must always fully repaint when moving out, nor that they never pay for repainting. Distinguish between normal ageing, neglected maintenance and specific damage. The scope of maintenance is set out in § 2 of Government Regulation No. 308/2015 Coll.
An example: the move-in protocol records a scuffed worktop. The same scuffing at handover can't be passed off as new damage. But if a deep cut appears, deal with that new defect separately. Photos taken from a similar angle help tell one from the other.
For the handover, have the original protocol, the inventory and photos ready. For any disputed item, describe the specific change and how you want it put right. A note saying “the flat is worn” helps neither you nor the tenant.
Sources checked on 13/09/2026. A general explanation does not replace a review of your specific contract or individual legal or tax advice.
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