Eviction order (rozkaz k vyklizení)

When it applies: not just to non-paying tenants

What matters is that the tenancy has ended and the right to use the flat has lapsed. For example: a fixed-term tenancy genuinely expired, nobody renewed or extended it, yet the former tenant has not handed the flat back. An eviction order may be an option even if the tenant always paid on time. For a sublease, have its applicability assessed separately.

What must precede the lawsuit

Under § 175a of the Civil Procedure Code (občanský soudní řád), you must attach a written request to vacate to your lawsuit. Send it at least 14 days before filing, to the defendant's delivery address or, failing that, their last known address. The court also needs written evidence supporting your claim.

The court will not issue the order if timely proceedings are under way to review the validity of the notice of termination, or proceedings concerning the tenant's right of use. So before filing, carefully review the contract, how it ended and how documents were delivered. Nobody can promise you eviction by a fixed date.

Deadlines after delivery: 15 and 30 days

From delivery of the order, the defendant has 15 days to vacate the flat and pay the costs of the proceedings, or to file an objection (odpor) with the court that issued the order. A timely objection by an entitled person cancels the order and the dispute continues in court. The court will not reject an objection merely because the defendant gave no reasons for it.

Together with the order, the court also attaches a separate request for a statement under § 114b, with a deadline of 30 days from delivery. This does not extend the 15-day deadline for you. If the defendant does not respond to the request, the court may, under statutory conditions, rule as if the claim had been acknowledged. Without an objection, the order can take effect as a final judgment. Forced eviction then requires statutory enforcement of the decision.