Amendment could cut eviction times in half

Published: 19. 11. 2024

In a significant move to address long-standing tensions in the Czech rental market, a proposed amendment to the Civil Procedure Code could soon introduce a new “eviction order” system. The reform aims to strike a delicate balance between landlord protections and tenant security, though some argue it may not go far enough in addressing all stakeholders’ concerns.

Landlords have long complained about the excessive protections afforded to tenants, particularly when dealing with non-paying residents. The existing eviction process can drag on for six months to a year, during which property owners must continue hosting non-paying tenants while losing rental income. This is made worse given that most Czech landlords are individual property owners rather than large corporations or municipalities.

“The eviction order is based on the existing and frequently used payment order system, which accelerates the collection of monetary claims,” explains Petr Waleczko, spokesperson for the Ministry of Regional Development. While tenants will retain the right to appeal, they must provide substantial justification and evidence rather than simply filing an opposition.

Jakub Vysocký, president of the Rental Housing Association, welcomes the proposed changes, suggesting they could halve the time required for the initial phase of eviction. “Experience from abroad shows that increasing landlord certainty leads to more properties being placed on the rental market, something the Czech Republic desperately needs right now,” Vysocký notes.

However, the reform package has sparked debate about broader issues in the rental market. A recent Median study revealed that approximately half of Czech tenants operate under contracts shorter than two years, particularly affecting younger residents and those with lower incomes. The Tenants’ Association, while acknowledging landlords’ needs for expedited eviction processes, expresses concern about the continuing practice of chaining short-term rental contracts.

“During previous discussions with the Ministry of Regional Development, we agreed that changes to rental relationships should include restrictions on chaining short-term rental contracts, with both changes implemented simultaneously,” says Lenka Veselá, chairwoman of the Tenants’ Association. “Unfortunately, this issue is now absent from discussions, threatening to further decrease the proportion of stable long-term rental agreements.”

The implementation of these reforms hinges on Minister Petr Kulhánek’s ability to secure coalition support for the broader Housing Support Act, scheduled to take effect mid-next year. The legislation faces resistance, particularly from the Civic Democratic Party (ODS), which argues that the proposed support network for people in housing need would be too costly in terms of personnel.

Despite these challenges, Kulhánek remains optimistic about finding a compromise. “What’s very important to me is the ODS’s recent confirmation that there’s no possibility of the law being completely dismissed. This truly represents a coalition commitment,” Kulhánek stated in the e15 REcast program.

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