Eviction of a Tenant – How to Quickly Obtain an Enforceable Eviction Order

Formally and contractually terminating a tenancy often comes with an unpleasant final hurdle: how to physically remove the tenant from the property. Many tenants impose a costly and time-consuming process on landlords, who are required to obtain a court-issued enforcement title, all while the tenant continues to occupy the property, invoking their right to the inviolability of the home—a right that, in practice, is given precedence over the landlord’s property rights.

The year 2025 brings two positive changes that enable landlords to obtain an enforceable eviction title more quickly. Instead of filing a lengthy lawsuit for eviction, property owners now have two viable options:

· Notarial Deed with Consent to Direct Enforcement

· Court Order for Eviction

Notarial Deed with Consent to Direct Enforcement

After several years during which court case law excluded the use of what was once a popular legal instrument—the notarial deed with consent to direct enforcement for eviction—a change came at the end of 2024. A new ruling by the Czech Supreme Court (Judgment No. 31 Cdo 225/2024-543) reinstated this tool.

This means that a notarial deed with consent to direct enforcement can now be signed with a tenant at the beginning of the lease—or at any time during it—providing the landlord with an enforceable eviction order without the need for court proceedings.

Court Order for Eviction

The second instrument is introduced by an amendment to the Civil Procedure Code, effective from 1 July 2025. Unlawful tenants can be ordered to vacate the apartment and pay legal costs within 15 days of the issuance of an Court Order for Eviction. The landlord can request this order through a significantly faster procedure, similar to that of a payment order, provided they can demonstrate that the lease has been terminated and that the tenant has failed to vacate the property after being called upon to do so.

The main expected limitation of this expedited procedure is that if the tenant files an objection within the given time limit, the court must schedule a hearing—thus eliminating the speed advantage.

Given that the average duration of eviction proceedings is currently almost one year—and in some regions as much as 400–450 days—both options presented here remain the most advantageous solutions available to landlords.

If you are dealing with a problematic tenant—or if you are a tenant facing an unjustified eviction—we will be happy to help you find the most suitable solution. You are welcome to contact us with no obligation via our contact form.

Mgr. Jana Mlejnková, lawyer

Pajerová Sedláčková ADVOKÁTKY s.r.o.

30.06.2025

Trusts as a modern instrument of asset management and protection

Trusts are today not only a tool for managing large estates or corporate structures, but also a practical solution for a wide range of family and personal situations. They are used, for example, to finance education, provide for the living needs of loved ones, protect assets from debt or prevent their division in divorce.

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The importance of trusts

The main advantage of trusts is the protection of assets and their efficient management. This institution allows the settlors to:

• Protecting assets from emergencies: Assets remain in the family even after the death of the settlor, which is difficult to ensure in normal succession proceedings.
• Flexibility in the use of the assets: the funds can be used for a variety of purposes, from supporting children’s education to charitable projects.
• Minimising legal risks: trusts can protect assets from creditor claims or the negative consequences of legal disputes.

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Setting up a trust and its statutes

A trust fund is established by statute, which is the basic document defining the purpose, composition, basic rules of administration and operation of the fund. In addition to the statutes, there are a number of other documents that elaborate on the statutes. The quality of the statutes and related documents is key to the successful operation of the Trust and requires professional legal drafting. It includes:

• Purpose of the Fund: Why the fund was established and how the assets are to be used.
• The rules for the management of the assets: the scope of the trustee’s powers.
• Persons connected with the fund: Founder, trustee, trustees.

Once the statute is established, the fund must be registered in the public registers, which include the Register of Trusts, the Register of Beneficial Owners and, where applicable, the Land Registry or the Commercial Register.

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Role of key persons in the trust

1. The settlor:

o Allocates assets and sets the rules for their management.

o May also be trustee or trustee-in-command as long as the independence of the control mechanisms is ensured.

2. Trustee:

o Manages the assets for the benefit of the beneficiaries.

o Ensures its protection, reproduction and use in accordance with the rules of the statute.

o May be limited to simple administration (preserving the value of the property) or full administration (investing and trading).

3. Beneficiary:

o A person entitled to receive benefits from the fund.

o May be family members, business associates, or charitable organizations.

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Entry in public registers

Entry in the Register of Trusts is mandatory for the establishment of a trust. However, some entries are not public without further notice. These are details of the settlor, the beneficiary, other persons entitled to supervise the trust, the residence and date of birth or the birth number of the trustee, thereby ensuring, in particular, the protection of privacy.

If shares in commercial corporations are placed in the trust, the trustee is entered in the Commercial Register as a person (not as a trust) acting in the capacity of a shareholder or shareholder, and it is always indicated which trust the share has been included in.

If real estate is included in the trust, the details of the trust are entered in the Land Registry to a similar extent, in particular the designation of the trust, details of the trustee.

Benefits of managing assets through a trust

1. Protection from external influences:

o The assets are not part of the settlor’s property and are therefore protected from execution or third party claims.

2. Flexible management:

o The assets of the trust can be expanded, for example through dividends, interest or other income.

3. Conditional asset distribution:

o Distributions from the fund may be conditional on specific circumstances, such as reaching a certain age or meeting educational goals.

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Practical use of trusts

• Family purposes: Protecting family assets, providing for children and grandchildren, or funding education.
• Business purposes: Protecting business assets, succession planning in companies.
• Charitable Purposes: Funding non-profit activities or supporting community projects.

Conclusion

Trusts are a flexible and effective wealth management tool that can reflect the individual needs of the settlor and beneficiaries. Their advantages, such as asset protection, tax optimisation or ensuring continuity of ownership, make them an invaluable means of dealing with complex life situations. However, expert advice and careful legal drafting are crucial to their establishment and administration.

Our law firm will be happy to provide you with expert legal advice in this matter and guide you through the entire process of preparation and establishment. Please do not hesitate to contact us at any time should you be interested. We also recommend taking advantage of the special extended consultation offer as part of the Advokátky and Trust Fund promotion.

Mgr. Veronika Železňáková, Attorney-at-law

JUDr. Vladimíra Pajerová, Attorney-at-law, Partner

Pajerová Sedláčková ADVOKÁTKY s.r.o.

25.03.2025

Hidden Defects in Real Estate and the Deadline for Notification: How Quickly Must You Act?

Hidden defects are a common issue faced by new homeowners or apartment owners. A leaking roof or improperly laid flooring can become apparent only over time—often when it is too longer feasible to negotiate reasonably with the seller. In such situations, the buyer must act quickly. The ability to exercise rights regarding a defect is legally dependent on its notification without undue delay.

A hidden defect is such that the buyer could not have discovered it during a normal inspection, even with sufficient diligence, though it existed at the moment of property acquisition. We discuss hidden defects in more detail in these articles: Hidden Defects in Real Estate and the Liability of Real Estate Agencies, Limitations and Exclusions of Seller’s Liability, Claims for Hidden Defects in Real Estate.

In this article, we will focus on the timing aspect—specifically, by when the hidden defect must be reported to the seller in order to exercise one’s rights.

The basic rule stems from § 2112 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter “Civil Code”): the buyer must report the hidden defect without undue delay after they could have discovered it with timely inspection and sufficient care, and no later than within five years of taking over the property. If the buyer fails to meet both these conditions, the court typically does not grant them the right from the defective performance. Thus, the key is the notification “without undue delay” as soon as the buyer discovers or could have discovered the defect.

This seemingly vague formulation has been consistently interpreted by jurisprudence to mean a very short period, typically a matter of days, occasionally weeks. For instance, the Supreme Court explicitly stated in the verdict sp. zn. 23 Cdo 1949/2023 that a notification made after two months cannot be considered timely. The same conclusion was reiterated in other cases where the buyer reported the defect more than a month after they could have discovered it (e.g., 23 Cdo 2370/2022, 33 Cdo 2488/2020).

The crucial moment is not when the buyer has an expert opinion or other evidence—the notification must be made immediately upon discovering the defect, and only subsequently document the details or arrange for professional assessment. It is not necessary to know the exact cause of the defect or its technical background, for notification purposes, a description of the manifestation, such as recurring puddles in the garage, is sufficient. It is also not necessary to state immediately what specific resolution the buyer requires; this can be added in the next step, after notifying the defect itself. It is crucial that the defect is reported as soon as possible.

To prove in any potential dispute that the defect was reported in time, we recommend making the notification in writing—preferably by email, registered letter, or through a data mailbox. It should describe the nature of the defect, when it was detected, and optionally include photo documentation.

A significant exception to the obligation to report the defect without undue delay occurs when the seller knew or should have known about the defect. Therefore, if it can be proven that the seller, for example, concealed a known construction issue or its cause, the buyer cannot be faulted for late notification.

In conclusion, although the term “without undue delay” may seem vague at first glance, courts interpret it quite strictly. A buyer who notifies a defect only after several weeks or months may not be able to successfully claim their rights, even though the defect meets the criteria of a hidden defect. The basic recommendation, therefore, is: as soon as you notice a problem, act quickly and ensure that the delivery of the notification to the seller can later be reliably documented.

Do you suspect a hidden defect or need help with its claim? Do not hesitate to contact us—we are ready to help you determine what rights you have and how to effectively enforce them.

Mgr. Eliška Vítková, Junior Attorney

Mgr. Jana Sedláčková, Attorney at law, Partner

Pajerová Sedláčková ADVOKÁTKY s.r.o.

05.04.2025

LAST WILL AND TESTAMENT – MAKE ARRANGEMENTS FOR THE DISTRIBUTION OF YOUR PROPERTY TO SUIT YOUR WISHES

Family relationships are not necessarily ideal. No doubt many of you have encountered conflicts and discord in family relationships in your own neighborhood or even within your own family.

Would you like to distribute your property, which you have been building all your life, as you choose, differently than the law provides?

In such cases, we recommend making a last will, which can offer many advantages and greatly simplify the succession process, help prevent family disputes and ensure that your wishes are respected.

A will is one of the statutory dispositions in the event of death. It is a revocable unilateral expression of will by which the testator leaves at least a share of the estate to one or more persons in the event of the testator’s death. A bequest can also be made in the will, consisting of a unilateral legal act in the event of death, by which the testator grants, on account of the estate, a certain pecuniary advantage to someone who is not the testator’s heir (e.g.: the testator bequeaths a hunting rifle to their best friend from a hunting club).

A will takes precedence over intestate succession.

The following types of will are recognized:

– holographic will, i.e. written by the testator’s own hand;

– an allographic will, i.e. written in a hand other than the testator’s own (need for two witnesses);

– a will in the form of a notarial deed.

If the testator draws up a valid will and makes a disposition of the entire estate, there is no intestate succession, except for the so-called forced heir being entitled to payment of their compulsory share, unless they have been disinherited. If the forced heir is a minor, they are entitled to ¾ of their statutory share of the inheritance. If, on the other hand, they are of age, they are entitled to at least ¼ of their statutory share.

You need not be concerned that a will once made cannot be changed.

The testator has the right to revoke the will at any time, either by making a new will or by revoking the will, or may make another will in addition to the existing will, in respect of property newly acquired or not included in the previous will.

If you wish, your will (including a handwritten one) can be registered in the electronic Register of Legal Acts Mortis Causa maintained by the Notary Chamber of the Czech Republic.

The main advantages of a will are the following:

•  simplification of the succession procedure;
• clear and specific distribution of assets not only among family members;
• expressing your last will and having control over the distribution of your property;
• the possibility of appointing an executor;
• flexibility to change your will to reflect changes in your life and relationships.

Making a will is therefore a key instrument for ensuring that your estate is distributed in accordance with your wishes after your death. In addition, it gives you peace of mind because you know that you have done everything you possibly could to protect your loved ones and ease their situation through a difficult time.

As already mentioned above, by a will, an executor can be appointed to oversee the proper execution of the will. Only the testator can appoint an executor in this capacity, and then only by a will, irrespective of the form in which the will is drawn up. Typically, the executor can also see to it that the so-called conditions in the will are met, which a given heir must fulfil in order to receive their share, e.g. to finish their studies. Impossible conditions are disregarded.

In addition to the executor, an administrator of the estate may be appointed by way of a notarial deed to administer the estate or part of it until the end of the estate proceedings and to whom the executor may give instructions which the administrator must follow (https://advokatky.cz/en/we-do-think-about-a-will-but-why-appoint-an-administrator-of-an-estate/).

If you are considering making a will, we will be happy to meet with you, propose the most appropriate solution in cooperation with you, hear your ideas and help you formulate the content of your will, and arrange for the services of a notary, if required.

Mgr. Veronika Železňáková, Attorney at law

Pajerová Sedláčková ADVOKÁTKY s.r.o.

31.01.2025

We do think about a will, but why appoint an administrator of an estate?

Can the value of your estate drop just because the inheritance proceedings take a year or even longer? Will your business be crippled by that time? How will it affect your family if accounts are going to be blocked until the inheritance proceedings are concluded? There is a way to prevent this from happening – you can appoint an administrator of your estate.

The institution of the administrator of an estate is a common practice abroad and has been possible under our legislation for many years. This solution can be a great help to heirs in shortening and simplifying inheritance proceedings. It is useful for everyone, so you should not dismiss this option as superfluous.

You should not be discouraged by the fact that the administrator of an estate is appointed upon drafting a notarial deed. This is a simple act which can be arranged in just one short visit to a notary. Typically, spouses can mutually appoint an administrator in the event of the first spouse’s death. This way, they can avoid a situation where the other spouse has to sit and wait for the inheritance proceedings to be concluded, facing blocked accounts and other complications. By appointing an administrator, disputes between the heirs can be minimized.

The decedent’s property still exists and must be administered until the final conclusion of the inheritance proceedings. Often there is a need to keep the family business running. The appointed administrator of the estate – whether a second spouse, an adult descendant, or a trusted person such as a family lawyer – can perform a number of actions to maintain the substance and value of the property. These actions include things such as paying rent, making repairs, purchasing supplies, paying employee wages, and others.

Standard or customary administration involves managing the property and preventing its deterioration, for example by protecting it from the effects of inflation. According to the law, the heirs administer the estate jointly and severally, which in reality is more of a legal theory and an unattainable ideal, and it is often the case that the heirs cannot agree on just about everything. By appointing a single administrator of the estate, these problems can be avoided. The administrator manages the property in such a way that it is maintained, or even multiplied, and protected.

The administrator of the estate may be appointed for all or part of the estate and may be remunerated. The administrator takes over the administration as soon as the administrator becomes aware of the decedent’s death. The administrator may receive the information themselves or be informed by the court. The statutory provisions are laid down in Section 1677 et seq. of the Civil Code.

Notaries in charge of inheritance are already well acquainted with the function of an administrator, they have no problem communicating with administrators and allowing them to perform their function, or even agreeing to acts that go beyond the standard administration. In turn, the administrator also keeps abreast of the notary’s activities and the proceedings are thus more efficient, with no excessive delays.

In the will, the decedent can also appoint an executor who will take care of the overall execution of the decedent’s will, such as the payment of a sum of money to a grandchild upon graduation.

If you are unsure whether appointing an administrator or executor would be advantageous to you, please do not hesitate to contact us for further advice.

Mgr. Jana Mlejnková, lawyer

JUDr. Vladimíra Pajerová, attorney-at-law

Pajerová Sedláčková ADVOKÁTKY s.r.o.

08 January 2025