Eviction Order 2026

What is an eviction order and why was it introduced

Previously, the main legal path for a landlord to evict a tenant was the standard lawsuit for eviction of property. The court had to schedule an oral hearing, conduct evidence proceedings, and then issue a judgment. The entire process, depending on the court's workload and the tenant's procedural defense, took an average of 12–18 months.

An eviction order works on a similar principle to the well-known payment order. It is a decision that the court issues solely based on documentary evidence submitted by the plaintiff, without hearing the defendant or scheduling a hearing. The goal is to protect property rights and speed up the process in situations that are factually clear.

However, it must be emphasized that an eviction order is not a solution for every situation. If the tenant files an objection, the case returns to the standard proceedings.

Basic conditions for issuing the order

For the court to issue an eviction order, it must be clear from the submitted documents that the landlord's claim is justified. Specific legal conditions must be met.

Termination of the tenancy relationship

You must provide documentary proof of the termination of the lease. Typically, this involves the expiration of the agreed-upon term, where a fixed-term lease has expired. Beware of the automatic renewal of the lease under Section 2285 of the Civil Code. The landlord must ask the tenant to vacate the premises within 3 months after the lease ends; otherwise, the lease is renewed.

Furthermore, it could be a valid notice of termination, for example, for non-payment of rent or a gross breach of duties. In situations where there is a risk of a dispute over the validity of the termination or the correct procedural steps, it can be useful to turn to our commercial and litigation team.

In such a case, you must provide a written notice of termination with proof of delivery and evidence that the notice period has expired. In practice, lease terminations often involve subsequent steps (proper delivery, running of deadlines, and securing evidence), which our real estate law team can assist with. Another option is a written agreement to terminate the lease. If court proceedings are underway to review the validity of the termination, the court will usually wait for the outcome of these proceedings or dismiss the eviction motion.

Pre-action letter

A condition for the successful award of legal costs is sending a pre-action letter as defined by Section 142a of the Code of Civil Procedure. The letter must be sent at least 7 days before filing the motion with the court and must contain the demand for eviction.

In practice, it is advisable to send the letter by registered mail with a delivery receipt or via a data box to prove to the court that it was sent. If you are also dealing with structural modifications in the apartment (which can be a source of dispute between the landlord and tenant), the overview in the article Structural modifications to an apartment without a permit: What can be done without notification/permit and when a project is needed may be useful. Without provable delivery of the letter, the chances of success in the order proceedings are significantly reduced.

Proof of ownership

The motion must be accompanied by proof that you are the authorized person, i.e., the owner of the property. Although the court can check the Land Registry, the standard is to provide an extract from the title deed as evidence.

Gathering documentation and preparing the motion

In order proceedings, the court decides exclusively based on the evidence you submit. If anything is missing, the court will not issue the order and will schedule a hearing.

Mandatory attachments include the lease agreement, proof of lease termination, and the pre-action letter. It is also necessary to provide evidence of the breach of duties if that is the reason for termination. The motion can be filed in paper form or electronically via a data box.

Procedure for filing the motion and the course of the proceedings

The motion is filed with the district or circuit court in whose jurisdiction the property is located. It must contain the identification of the parties, a description of the decisive facts, and a list of evidence. After filing, the court will ask you to pay the court fee, which in 2026 is typically CZK 2,000 for matters concerning the lease of real estate. The fee is payable immediately or upon the court's request.

If the court finds the claim to be proven, it will issue an eviction order. In it, it will order the tenant to vacate the apartment within 15 days of receiving the order and to pay the costs of the proceedings, or to file an objection within the same period. The eviction order must be served personally on the defendant. Substituted service by fiction is excluded in this case. If the order cannot be delivered, the court will cancel it by a resolution and schedule a hearing.

Filing an objection by the tenant

Filing an objection is the tenant's only means of defense at this stage. The objection does not need to be justified; a simple statement of disagreement is sufficient, but it must be filed on time within 15 days.

If the tenant files an objection, the eviction order is cancelled in its entirety, and the court will schedule an oral hearing. Therefore, an eviction order is worthwhile in cases where you anticipate the tenant's passivity or when their defense is clearly hopeless.

Eviction after the order is issued

If the tenant does not file an objection, the order becomes legally effective and becomes an enforceable title. You now have two basic options for how to proceed.

Voluntary eviction

With the enforceable title in hand, you can give the tenant one last call to leave voluntarily. Warn them that otherwise, a bailiff will step in, which will mean significant additional costs for them.

Enforcement by eviction

If the tenant does not respond, you file a motion for enforcement with a court bailiff. The bailiff will call on the debtor to comply and, in case of non-compliance, will carry out the eviction personally.

During the eviction, an inventory is made of the items being removed from the apartment. The bailiff's fee for evicting a property is set by the Bailiff's Tariff and is usually a fixed amount plus reimbursement of cash expenses.

Comparison of an eviction order with a standard lawsuit

Main risks and mistakes

Neglecting the delivery of the termination notice

A common mistake is that the landlord has no proof of delivery of the termination notice. If the notice was not delivered or did not enter the tenant's sphere of control, the lease continues.

Unauthorized eviction

We warn against changing locks, disconnecting utilities, or moving out the tenant's belongings without an enforceable title. Always proceed exclusively through legal channels.

Ongoing proceedings on the invalidity of the termination

If the tenant has filed a lawsuit to review the validity of the termination, filing a motion for eviction is often premature. The court will usually suspend the eviction proceedings pending the decision on the validity of the termination.

Conclusion

An eviction order is an effective procedural tool for speeding up the resolution of a situation with a non-paying tenant in 2026. However, it only works on the condition that you have perfectly prepared documentation and the tenant does not actively obstruct the process by filing an objection.

The lawyers at the ARROWS law firm can help you assess whether it is more appropriate in your case to file a motion for an eviction order or to choose a different strategy. To minimize risks and mistakes, contact us at consultation@arws.cz.