6. 12. 2021

The Supreme Court of the Czech Republic answered the question whether the new Czech Civil Code entitles the landlord to terminate tenancy on the grounds that the tenant does not use the rented apartment. Whereas the previous Civil Code of 1964 (Act No. 40/1964 Coll.) addressed the situation as a legal cause for tenancy termination, the New Civil Code (Act No. 89/2012 Coll.) does not take any explicit position. Nevertheless, it had been suggested to maintain the older approach, i.e. that failing to use the apartment actively shall constitute a breach of tenant’s obligation to properly occupy the apartment. However, in the judgment of 9 June 2021 (case No. 26 Cdo 761/2021), the Supreme Court dismissed such attitude and ruled that it is the right, not obligation of the tenant to use (occupy) the rented property. The landlord is not entitled to terminate tenancy agreement for the mere reason that the tenant left the apartment vacant or lived there only occasionally. Nonetheless, the Supreme Court did not exclude that in special circumstances it could be ruled otherwise, e.g. in case of a social housing where a number of applicants are on the waiting list.