Introduction

On June 16, 2025, a new law, No. 176/2025 Coll., was published in the Collection of Laws, amending certain laws in connection with the adoption of the Housing Support Act. This law brings about a fundamental change in the area of rental housing and introduces a new institution, the so-called eviction order. The effectiveness of the legal regulation of the eviction order is set for January 1, 2026.

This institution will be introduced by the aforementioned amendment to the Civil Procedure Code, specifically in the new Section 175a.

The eviction order will be an institution serving exclusively for the purpose of evicting a tenant who, even after the proper termination of the lease, refuses to leave the apartment or house that was the subject of the lease. The new institution is inspired by the payment order and should significantly speed up processes where the facts are clear and do not require complex judicial evidence. Unlike a payment order, however, it does not concern monetary performance, but rather the eviction of the property. Monetary performance, such as rent owed, will therefore still have to be enforced separately by standard lawsuit or payment order.

Basic definition of the institute and prerequisites for successful application

The prerequisite for using this tool is that the lease with the tenant has first been terminated. If the tenant does not voluntarily vacate the apartment, the landlord may file a lawsuit with the court for eviction from the apartment or house, in which he may also propose that the court issue an order to vacate the leased property.

The court is then entitled to issue an eviction order even without an explicit request and without hearing the defendant.

The landlord must attach to the lawsuit a written notice to vacate the apartment or house, which was sent to the defendant tenant at least 14 days before filing the lawsuit. The landlord is obliged to comply with the deadline of at least 14 days for the tenant to vacate the premises, as specified in the written pre-action request. The aforementioned pre-action reminder is a condition for the court to issue an order to vacate the property. Furthermore, the landlord is obliged to prove his ownership of the leased property in the lawsuit, as well as the former tenant’s unauthorized use of the property, e.g., by providing proof of termination of the lease agreement. At the same time, for an eviction order to be successfully issued, there must be no pending litigation in court deciding on the validity of the termination of the lease of the apartment or house. It is therefore crucial that the claims in the lawsuit are supported by documentary evidence from the landlord (i.e., in particular, the terminated lease agreement, the document terminating the lease, including proof of its delivery to the tenant, if applicable, and a written request to vacate the apartment or house sent to the tenant at least 14 days before the lawsuit is filed). In this regard, landlords are urged to keep all documents properly stored.

If the above conditions are met, the court will issue an eviction order requiring the tenant to vacate the apartment or house within 15 days of receiving the eviction order and pay the costs of the proceedings, or to file an opposition with the court that issued the eviction order within the same period. If the defendant does not file an opposition to the eviction order, the order becomes final and enforceable. The landlord can thus obtain an enforcement order more quickly and seek eviction of the property, for example, in subsequent enforcement proceedings. On the other hand, if the defendant files an opposition to the order, the order is revoked and the case proceeds to standard court proceedings for eviction from the property.

Practical implications of the eviction order

The advantage and reason for introducing this institution is its speed, or rather the acceleration of proceedings in clear-cut cases. Similar to a payment order, an eviction order is also expected to facilitate the entire process. If the situation is clear-cut, lengthy court proceedings can be avoided. Therefore, if the lease has expired and the tenant has no legal title to use the leased property, i.e., an apartment or house, the way to use this institution is completely open. On the contrary, in a situation where there is a dispute over the legitimacy of using the leased property, e.g., the legitimacy of termination, it will be necessary to proceed through standard court proceedings by filing a lawsuit for eviction from the property.

If the tenant does not file an objection to the order, the eviction order becomes an execution title, and the subsequent enforcement of the decision will take place in accordance with the relevant provisions of the Civil Procedure Code or the Enforcement Code, namely by ordering the eviction from the property.

Conclusion

The motivation of the legislator to adopt this institution was certainly to speed up the process of eviction from an apartment or house by a tenant who no longer has a valid legal title to use the property. In practice, the eviction order will give landlords the opportunity to obtain a court decision in cases where the claim for eviction is sufficiently substantiated, in a faster and simpler manner. This significantly reduces the risk of protracted proceedings and, at the same time, the economic costs incurred by the landlord due to the tenant’s unauthorized use of the property.

Thank you for your attention.

Team Spoladore & Bystřický, advokátní kancelář s.r.o.