Upcoming eviction order: How does it stand up next to the notarial deed?

Today, we will introduce the concept of the upcoming amendment to the Code of Civil Procedure, which aims to facilitate and speed up the process of evicting a property thanks to the new power of courts to issue eviction orders. We will also conclude with a brief reflection on the usefulness of the institute compared to the "reborn" notarial deeds with a clause of direct enforceability.

How would the eviction order work in practice?

The draft amendment to the Code of Civil Procedure, prepared in connection with the Housing Support Act, is currently in its first reading in the Chamber of Deputies. The amendment brings with it the possibility of issuing a new instrument in the context of the court order procedure, that is the eviction order. Let us take a closer look at the possibilities that this institute brings to landlords in dealing with situations involving problematic tenants.

Conceptually, the eviction order is inspired by the already established institute of the payment order. The basic principle is a simplified court procedure without the need for an oral hearing, which significantly shortens the process. The court may issue the eviction order on the basis of an examination of the written documents submitted by the landlord, provided that all the statutory conditions are met.

In order to successfully obtain an eviction order, the landlord must prove several key facts.

  • Prove their ownership of the property
  • Prove that the tenancy has ended
  • Provide a written notice to vacate with proof of delivery at least 14 days before the filing of the application

Protection of tenants' rights during the eviction process

The draft amendment also considers the protection of tenants' rights—an eviction order cannot be issued if the two-month period for filing an application to review the validity of the termination is still running or if such an application has not been finally ruled on.

Procedural protection of the tenant's rights is ensured by the possibility to lodge an appeal against an eviction order within 15 days of its delivery. By filing an appeal, the order is automatically canceled and the proceedings continue in the standard way with the hearing and the presentation of evidence. This safeguard ensures that in more complex cases or where there are disputed facts, the matter will be properly dealt with in a standard court procedure.

Eviction process

If the tenant does not file an appeal and at the same time does not voluntarily vacate the property, the eviction order becomes an enforceable title for execution. The subsequent process of enforcement of the decision (execution) is designed with regard to the specifics of the eviction of the property - the bailiff (soudní exekutor) must notify the obligor of the date of eviction 15 days in advance. During the execution itself, all persons residing in the property are evicted and all movable property is vacated.

Legislative process and planned effectiveness

The draft amendment to the Code of Civil Procedure, prepared in connection with the Housing Support Act, has currently passed its first reading in the Chamber of Deputies. If the bill is approved as it stands, it is scheduled to take effect in July 2025. However, amendments are currently being discussed, significantly affecting, for example, the method of delivery (including delivery directly to the address of the property in question).

Conclusion: prospects for legal protection of landlords

Some time ago we already wrote about the possibility for landlords to protect themselves with the help of a notarial deed with an enforceability clause. This very practical instrument becomes a title for execution upon default and the landlord can skip the lengthy court proceedings and obtain the eviction of the property more quickly by filing an execution petition with the bailiff on the basis of the enforceable notarial deed. Perhaps also due to the temporary legal uncertainty regarding its applicability, their use is not widespread en masse, and many landlords still have to seek an order to vacate the property through the courts first.

Thus, it appears that for these landlords and others, the notarial deed with an enforceability clause is an effective legal tool for the moment and probably for the future, by which they can avoid lengthy litigation and prevent the blocking of their property by a non-paying tenant. The current case law of the Supreme Court provides legal certainty for the use of this institute in practice. If the eviction order is introduced in practice, we can still expect enhanced legal protection for landlords who, for various reasons, do not use the notarial deed. However, the actual extent of the benefits will depend on the precision of the legislation of the eviction order, as well as on the ability of the courts to effectively assess the submitted applications and issue orders without undue delay.

If you are dealing with a tenant who is not paying rent or refuses to leave your property, please do not hesitate to contact us directly. We will be happy to help you find the best solution and effectively protect your rights.

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