Maintenance & Habitability Laws in the Czech Republic

Maintaining a rental property in the Czech Republic involves a clear legal division of responsibilities. According to the Civil Code (Act No. 89/2012 Coll.), which became effective on 1 January 2014, landlords are strictly obligated to ensure the apartment is fit for its intended use, while tenants are responsible for routine upkeep and clearly defined "minor repairs."

The Landlord's Warranty of Habitability

A landlord must hand over the apartment in a condition that is fit for proper use. An apartment is considered "fit for proper use" if it meets the physical and sanitary standards commonly required for habitation.

Throughout the duration of the lease, the landlord is legally required to resolve all major defects and structural issues to maintain this standard.

The Landlord is responsible for repairs such as:

• Structural repairs to the walls, roof, and foundation.
• Central heating system replacements or massive failures.
• Water, waste, and gas pipe repairs inside the walls.
• Major electrical wiring failures.
• Replacing external windows and entrance doors damaged by age/weather.
• Any defect that objectively prevents the tenant from using the apartment properly.

Tenant's Right to Rent Discounts

If a major defect appears that the landlord is responsible for, the tenant must notify the landlord without undue delay. If the landlord fails to remedy the defect within a reasonable timeframe, the tenant has the right to:

1. Carry out the repair themselves and demand reimbursement for the justified costs.
2. Demand an adequate discount on the rent for the period during which the defect existed and impaired the use of the apartment.

If the defect renders the apartment entirely unfit for habitation, the tenant can terminate the lease immediately and move out.

The Tenant's Responsibility: "Minor Repairs"

While the landlord handles major structural issues, the Civil Code stipulates that the tenant is responsible for "ordinary maintenance and minor repairs."

Because this phrase is highly subjective, the Czech government issued Government Decree No. 308/2015 Coll. to strictly define what constitutes a "minor repair." This decree brings much-needed clarity to landlord-tenant disputes.

Definition by Item

The decree explicitly lists items that are the tenant's responsibility to repair or replace, regardless of the cost. These include:

• Floors (repairing localized damage).

• Thresholds, interior doors, and handles.
• Blinds, roller shutters, and curtain rods.
• Sockets, switches, bells, and lighting fixtures.
• Sinks, bathtubs, toilets, and their specific valves and faucets.
• Stoves, ovens, extractor hoods.
• Replacing locks and keys.

Definition by Cost Limit

If a specific repair is not explicitly listed in the decree, it is classified as a "minor repair" (and thus the tenant's responsibility) if the total cost of the specific individual repair does not exceed 1,500 CZK. This limit includes the cost of materials, labor, and transport.

The Annual Cap

To protect tenants from unlimited financial liability for aging apartments, there is an annual cap on minor repairs.

The total sum a tenant is required to spend on minor repairs in one calendar year is capped at 150 CZK per square meter of the apartment's floor area. For the purpose of this calculation, the floor area of cellars (that are not rooms), balconies, loggias, and terraces is counted at only one half (50%) of their actual size.

Example: If an apartment is 60 square meters, the tenant's maximum annual liability for all minor repairs combined is 9,000 CZK. Once the tenant has spent 9,000 CZK in a given year, any subsequent repairs—even a 500 CZK broken socket—become the landlord's responsibility for the remainder of that year.

Notification and Access

A tenant is legally obligated to immediately notify the landlord if any major defect occurs. Failure to notify the landlord can result in the tenant being held liable for any secondary damage caused by the delay (e.g., failing to report a slow leak that eventually destroys the subfloor).

Conversely, a landlord has the right to access the apartment to inspect the premises and conduct necessary repairs or maintenance. However, the landlord must announce their visit within a reasonable time beforehand (usually 24 to 48 hours), unless there is an immediate emergency (e.g., a burst pipe flooding the building).

Getting Started with Compliance

Navigating minor repairs versus major defects requires meticulous record-keeping. Both landlords and tenants must track repair expenses to monitor the annual 150 CZK/sqm minor repair cap. Landager provides the tools needed for tenants to securely log repair requests, upload photo documentation, and record invoiced amounts, ensuring both sides maintain absolute compliance with Czech maintenance regulations.

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