Rent increases

The lease first, then the statutory proposal

If the lease contains a mechanism for raising the rent, start there. Where no increase has been agreed and the parties have not expressly ruled one out, you can make a written proposal under § 2249 of the Civil Code (občanský zákoník).

The proposal may aim at the comparable rent customary in the area. However, the proposed increase, together with any increases over the past three years, must not exceed 20%. The rent must not have been raised in at least the preceding twelve months. The proposal should state the new amount and show that the conditions are met.

To give you an idea: if rent of 20,000 Kč hasn’t gone up in the past three years, the 20% threshold works out at 24,000 Kč. Even that isn’t an automatic entitlement, though. It also depends on comparable local rents and other conditions.

What happens after delivery

The tenant has two months to give their consent in writing. If they agree, they pay the higher amount from the third calendar month after the proposal was delivered. Without their consent, the proposal alone does not oblige them to pay the new rent.

If no consent arrives within two months, you can ask the court to increase the rent within the following three months. The court determines the customary rent, effective from the date the application is filed. The 20% threshold therefore can’t automatically be treated as a cap on every increase made by a court or under the lease.

Whatever the change, keep rent separate from services. A higher advance payment due to pricier heating or water should therefore not be described as a rent increase.