Legal Q&A · Ownership, Land & Lease

The tenant has not paid for months and refuses to leave. Can I change the locks or disconnect the utilities?

Law as at 3 October 2026

Short answer

No. While the lease remains in force, you must not prevent the tenant from using the apartment or deny them utility supplies, whether in Slovakia or Czechia. Changing the locks may constitute a criminal offence, and the tenant may seek both restoration of access to the apartment and damages. Non-payment is, however, a ground for terminating the lease by notice, and both rent arrears and recovery of possession of the apartment can be pursued through the courts.

The tenant owes several months’ rent, ignores demands for payment and will not leave the apartment. Changing the lock while they are away or cutting off the electricity may seem like a quick solution. Neither Slovak nor Czech law permits this approach, and a landlord who takes it infringes the tenant’s rights.

Self-help in Slovakia

The Civil Code (Act No. 40/1964 Zb.) permits self-help only in exceptional circumstances:

The following quotation is reproduced in its original language:

Ak hrozí neoprávnený zásah do práva bezprostredne, môže ten, kto je takto ohrozený, primeraným spôsobom zásah sám odvrátiť.

§ 6 Občianskeho zákonníka

Non-payment of rent is not an imminent interference with a right; it is a debt that must be recovered. The landlord of an apartment is, by contrast, obliged to ensure that the tenant can fully and peacefully exercise the rights associated with using the apartment (Section 687(1)), including receiving the services connected with its use (Section 688). If the tenant does not receive them, they are entitled to a reasonable rent reduction (Section 698) and may claim damages.

Changing the lock may also have criminal consequences. A person who unlawfully enters another person’s home or unlawfully remains there commits the offence of violating the inviolability of the home (Section 194(1) of the Criminal Code, Act No. 300/2005 Z. z.). In its judgment in case No. 4Tdo/76/2019, the Supreme Court of the Slovak Republic reiterated that this provision protects a lawful occupier even against an owner who has leased the home to another person. The tenant may also seek protection against the interference from the municipality or the court (Section 5 of the Civil Code).

How to terminate a lease and recover possession of an apartment in Slovakia

For an ordinary apartment lease, a serious breach of obligations is a ground for termination by notice, particularly failure to pay rent or service charges for more than 3 months (Section 711(1), letter d) of the Civil Code). The notice period is 3 months and starts on the first day of the month following delivery of the notice (Section 710(3)). The tenant may challenge the notice in court within 3 months of delivery, and its effects are suspended in the meantime (Section 711(6)).

If the tenant proves that, on the date the notice was delivered, they were in material need for objective reasons, the notice period is extended by a protective period of 6 months (Section 710(4)). If they pay the debt during that period or reach a written agreement with you on how it will be paid, the ground for termination ceases to exist (Section 711(5)). If the lease nevertheless ends, the tenant is entitled to alternative accommodation or, subject to the conditions in Section 712a(4), a replacement apartment. Otherwise, termination on this ground does not entitle the tenant to replacement housing, unless there is a reason deserving special consideration, in which case they are entitled to shelter (Section 712a(3)).

For a short-term lease under Act No. 98/2014 Z. z. on Short-Term Apartment Leases, failure to pay rent or charges for more than 2 months is sufficient, and the notice period may be as short as 15 days (Section 7(1), letter b), and paragraph 3). An action challenging the validity of the termination does not suspend its effects (Section 9(1)). However, these rules apply only if the landlord has fulfilled the registration obligation, as explained in the question what is a short-term apartment lease.

If the tenant does not leave the apartment after the lease ends, the next step is an action for an order to vacate, followed by enforcement of the judgment. Even then, the landlord cannot retake possession themselves. Pursue rent arrears at the same time, for example by applying for a payment order, and use the security deposit in accordance with the agreement. A different regime applies to the lease of an entire family house, as described in the question terminating house and apartment leases by notice.

Self-help and termination by notice in Czechia

The Czech Civil Code (Act No. 89/2012 Sb.) permits self-help only where a right is threatened and it is clear that intervention by a public authority would come too late (Section 14). That is not the case with a non-paying tenant. In addition to violating the inviolability of the home (Section 178), the Czech Criminal Code (Act No. 40/2009 Sb.) also criminalises unlawfully preventing an entitled person from using an apartment (Section 208(2)). Changing the locks while the lease is in force may constitute this offence.

If the tenant has failed to pay rent and service charges for at least 3 months, this constitutes a particularly serious breach of their obligations, and the landlord may terminate the lease without a notice period (Section 2291 of Act No. 89/2012 Sb.). Before delivering the termination notice, the landlord must call on the tenant to remedy the unlawful situation within a reasonable time and must specify in the notice what they consider the breach to be; otherwise, the notice has no effect (Section 2291(3) of Act No. 89/2012 Sb.). The notice must also inform the tenant of the right to raise objections and seek review by a court; otherwise, it is invalid (Section 2286(2)). The tenant must hand over the apartment without undue delay and no later than 1 month after the lease ends (Section 2291(1)), and may apply to the court for review of the notice within 2 months of its delivery (Section 2290 of Act No. 89/2012 Sb.). If the tenant does not hand over the apartment, the next steps are an action for an order to vacate and enforcement.

We will prepare the termination notice according to your agreement and the country in which the apartment is located, and bring actions for payment and an order to vacate as part of our rent recovery and eviction service. If you have already changed the lock or interrupted utility supplies, contact us immediately so that the situation can be remedied before the dispute escalates.

This answer provides general information on the law as at 3 October 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 are selling a share in an urbarial land community. Must we offer it to the other shareholders first? Yes, when transferring to a third party. The Land Communities Act requires the owner of a share to offer it to the other owners of shares in the common property; the offer may be made through the committee. Only if they express no interest may the share be transferred to a third party. The general right of pre-emption does not apply to transfers between co-owners. Transferring a share in only some of the plots forming common property is prohibited altogether.
  2. An investor wants to buy building land from an urbarial land community. What is the procedure? Through a resolution of the assembly, not through individual shareholders. A newly created plot may be separated from land forming common property only on the basis of a decision by the co-owners at the assembly, and the separated part ceases to be common property only upon registration in the Land Register. The law prohibits transferring a share in only some of the plots forming common property, so bypassing the assembly by approaching shareholders directly will not lead to a valid registration.
  3. We are creating an easement for utilities. How should it be surveyed? The scope of each right must be definite. If an easement burdens only part of a plot, that part must be delineated by a survey plan. Installation of a utility may be limited to a surveyed strip, while access for maintenance may cover the whole clearly identified plot. That difference is not in itself a defect: the agreement must clearly distinguish the individual rights and define their spatial and substantive scope.
  4. We are dividing land using a survey plan. Do all co-owners need to consent? It depends on what the survey plan is intended to achieve. The plan itself is a technical document and recording it does not change rights. However, if it creates a new parcel from parts subject to different legal interests, it can be recorded only together with registration of ownership of all those parts. A legal act is then needed, and all co-owners are jointly and severally entitled and bound by legal acts concerning the jointly owned property.

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

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