Neither a landlord nor an authority is a shop, but even here people often do not know when they can object. Tenants have strong protection under the law, and for fines there are time limits that run in both directions: for you to defend yourself, and for the authority to punish.
Lease of a flat
The landlord comes into the flat whenever it suits them. The rented flat is your home and the landlord cannot enter it at will.
In plain terms: for an inspection or a repair, the landlord must come after giving notice and only to the extent necessary. Without notice only in an emergency, for example when water is leaking through to the neighbours. If the landlord’s repairs cause you more than minor difficulties, you are entitled to a reduction of the rent (Section 2219(2)).
The landlord wanted a deposit equal to five months' rent. The deposit and any contractual penalty may together amount to no more than three times the monthly rent (Section 2254(1) of the Civil Code). You can demand the return of anything above that.
The landlord wants an extra charge. Apart from the rent and payments for services, the landlord may not demand any other payments from you, whether as a contribution or otherwise (Section 2251(2) of the Civil Code). The exception is a deposit of the statutory amount.
The landlord does not return the deposit. When the tenancy ends, the landlord must return it with interest and may set off only what you owe under the tenancy (Section 2254(2) of the Civil Code). More in the article The landlord is not returning the deposit? What options you have.
The landlord raises the rent by a mere letter. If you have not agreed in the contract how the rent increases, the landlord may propose an increase only in writing, at the earliest after 12 months without an increase, and at most up to the rent customary in the place. The increase, together with those over the last three years, must not exceed 20% (Section 2249(1) of the Civil Code). A proposal that does not meet these conditions is not taken into account. If you do not agree in writing within two months, the rent does not increase by itself. The landlord may then, within the next three months, propose that a court decide on it (Section 2249(3) of the Civil Code).
The statement for water and heating still has not arrived. The landlord must deliver it within 4 months of the end of the billing period, otherwise the landlord may owe you a penalty of up to 50 CZK for each day of delay (Section 7(1) and Section 13 of Act No. 67/2013 Coll.).
The landlord does not repair a reported defect. If the landlord does not remove a substantial defect in time, you may repair it yourself and claim reimbursement of justified costs, or a reduction of the rent (Section 2265 of the Civil Code). Report the defect in writing and with photos.
The landlord forbids a cat. You may keep an animal in the flat if keeping it does not cause the landlord or the neighbours difficulties disproportionate to the conditions in the building. If the animal increases the cost of maintaining the common parts, you pay those costs (Section 2258 of the Civil Code).
Fines
A parking fine, but the sign was covered. Against a fine that arrived as an order by post or to your data box (datová schránka), you may file an objection within 8 days (Section 150(3) of the Code of Administrative Procedure). We describe when a defence makes sense in the article A parking fine and unclear signage: when to appeal.
A municipal police officer (strážník) wants you to pay the fine immediately on the spot. A fine by an on-the-spot order, that is a "blok", may be imposed only if you agree with the facts found, with the legal classification and with the amount of the fine (Section 91(1) of Act No. 250/2016 Coll.). If you do not agree, you do not have to pay on the spot. The matter is then dealt with in proceedings in which you can defend yourself and propose evidence.
An order for an administrative offence arrived more than a year after the event. For ordinary administrative offences, liability expires after one year has passed (Section 30 of Act No. 250/2016 Coll.). The time limit is interrupted, for example, by a notice of the commencement of proceedings or by service of the order, and then it runs again. At the latest, everything expires after three years (Section 32(2) and (3)). If nothing in the matter has reached you for a whole year, it is worth objecting.
When it does not pay to object
- The landlord entered the flat without notice because your pipe burst. In an emergency the law allows this.
- The rent increase is expressly agreed in the contract, for example by inflation. Then what you signed applies.
- You committed the administrative offence and you accept the fine. An on-the-spot ticket is then the fastest route.
What to do next
The landlord is not returning the deposit or is not repairing a defect? Describe your situation to Legamik and Legamik will prepare a letter that you send yourself. Has a fine arrived that you do not agree with? Legamik will prepare an objection or an appeal citing the specific provisions and will watch the eight-day time limit.
Legamik is not a law firm and does not provide legal advice. In complex disputes we recommend consulting a lawyer.