Legal Q&A · Ownership, Land & Lease

The tenant keeps using the premises after the lease ends. Why must I act quickly to recover possession?

Law as at 10 September 2026

Answered by , Czech and Slovak attorney, admitted to the Slovak and Czech Bars (SAK 300422 · ČAK 19654).

Short answer

Under the general lease rule in Section 676(2), continued use may renew the agreement unless the landlord applies to court for the return of the asset or possession within 30 days. Demands are insufficient, but the parties may exclude this renewal in the agreement. The statutory rule does not apply to residential leases; according to the Slovak Supreme Court, it also does not apply to fixed-term leases of non-residential premises under Act No. 116/1990 Coll. The type of lease and the terms of the agreement must therefore be determined first.

The term has expired, no keys have been returned, and the tenant continues using the premises as if nothing happened. A short deadline now determines whether the landlord can recover the property or the lease continues. The answer depends on what is leased and what the parties agreed.

For an ordinary lease, 30 days are decisive

The Civil Code’s general rules, in Act No. 40/1964 Coll., work against an inactive landlord. A fixed-term lease ends on expiry (Section 676(1)), but continued use can revive it:

If the tenant continues using the asset after the lease ends and the landlord does not apply to court for its return or for possession of the property within 30 days, the lease renews on its original terms. A lease agreed for more than one year renews for one year; a shorter lease renews for that shorter period.

— Section 676(2) of the Civil Code, unofficial translation

The parties may exclude the application of Section 676(2) in the agreement. Where the rule applies, only a court application prevents renewal. Demands, reminders and handover negotiations do not count. A landlord who misses the deadline has the tenant back, for a full further year if the original term exceeded one year, on the same terms including rent.

The rule does not apply to residential leases

Under Section 710(2) of the Civil Code, a fixed-term residential lease ends when the agreed term expires, and Section 676(2) does not apply. Continued occupation alone therefore does not renew the lease through this mechanism.

Fixed-term non-residential premises follow the opposite rule

Offices, business premises and other non-residential premises fall under Act No. 116/1990 Coll. on the Lease and Sublease of Non-Residential Premises, which has its own termination rules:

A lease agreed for a fixed term ends when that term expires.

— Section 9(1) of Act No. 116/1990 Coll., unofficial translation

In case No. 3Obdo/34/2018, the Slovak Supreme Court held that Section 9 comprehensively regulates the ending of a fixed-term non-residential lease, so Section 676(2) of the Civil Code does not apply. Continued use therefore does not renew it. The situation still requires action: the former tenant occupies without legal title, unjust enrichment may be recovered, and possession usually still requires a claim, but without the risk that inaction creates a new lease.

The regimes are confused because one site often combines several leased assets: a building with non-residential premises, land beneath it, parking and movable equipment. Land and movable assets generally fall under the Civil Code’s general regime, but any contractual exclusion of renewal must also be checked; non-residential premises fall under the special Act. While the precise subject and applicable regime remain uncertain, do not gamble with the deadline. The safe course is to work to Section 676(2) and file in time.

How we can help

We assess the applicable regime and deadline and prepare a claim through rent recovery and possession proceedings. We structure office and business leases through non-residential leases so termination is predictable. If a dispute is underway, we provide litigation representation. Contact us as soon as a tenant fails to hand back the premises: the first month often determines the outcome.

This answer provides general information on the law as at 10 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

More legal questions

All questions and answers
  1. We let out a family house. Do the same notice rules apply as for a flat? No. The protected regime with statutory grounds for notice, alternative accommodation and an action challenging the validity of notice applies to renting a flat. If the tenancy covers a family house as a whole, the general lease rules apply: notice needs no statutory ground, an indefinite tenancy has a three-month notice period, and there is no entitlement to alternative accommodation. Watch for renewal, however: if the tenant continues using the house after the tenancy ends and the landlord does not bring an eviction claim within 30 days, the tenancy renews. The first step in any dispute is therefore to establish precisely what was let.
  2. What is a short-term flat tenancy, and why is it more favourable for landlords? Under Act No. 98/2014 Coll., a short-term flat tenancy is fixed for up to two years and may be extended twice, to six years overall. It offers landlords agreed termination grounds, notice as short as fifteen days, no substitute housing and a shorter deadline to challenge termination without suspending its effect. A written agreement with all required terms is essential. Key benefits are lost without proof of the landlord’s tax registration.
  3. We are creating an easement. When should it benefit a person and when should it benefit land? It depends on whom the right is meant to serve. Access, vehicle passage and utilities should benefit whoever owns the land: they are created for the benefit of property (in rem) and pass to later acquirers. A lifetime right of residence serves a specific person: it is created for that person (in personam) and ends no later than their death. Both types arise only upon registration in the Land Register, and choosing the wrong one is difficult to put right later.
  4. Part of our land is being expropriated for a road. What happens to compensation and encumbrances? On the date the decision becomes final, ownership passes to the expropriating party and security rights, including enforcement and tax security rights, easements other than statutory easements, rights of pre-emption with proprietary effect and the land tenancy end. The Land Register deletes these rights. If you disagree with the compensation amount, you must bring a claim within 30 days of finality, and a missed deadline cannot be excused.

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Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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