Lease termination

The landlord has given the tenant notice of lease pursuant to §2288 par. 1 letter (a) of Act No. 82/2012 Coll. Civil Code (hereinafter only “Civil code”) due to gross violation of the obligations set in the lease contract, which consisted in the tenant not living in the flat and leaving it to other persons without the landlords approval. Those other person as well negatively interfered with other residents.

The tenant was seeking judicial invalidity of the termination of the lease due to an incomplete advice about his right to object the lease termination according to §2286 par. 2 of the Civil Code.

The Supreme Court of the Czech Republic stated that while §2286 par. 2 of the Civil Code implies that the tenant should be advised of his right to object the termination of the lease contract, but the filling (or non-filling) of the objection has no legal consequences and is not a condition to review the termination by the court. Therefore, the Supreme Court concluded that if the termination of the lease does not provide the advice about the tenant’s right to object the termination, the termination is not invalid. It does not exacerbate the tenant’s position, because the tenant´s right to review the termination of the lease contract by court is sufficiently guaranteed.