Newsletter (not only) for brokers - Rent guarantee from the state, Viewing an occupied apartment, Subletting an apartment through Airbnb
One of the common problems that estate agents encounter is when they need to inspect an apartment, but the lease has not yet ended and the apartment is still occupied. The landlord often pushes for viewings to take place as soon as possible because he wants to minimise the period when he will be receiving rental income. This is particularly important where the flat is financed by a mortgage which the landlord is paying off from the rent. But how to proceed to ensure that everything is done in accordance with the law?
Helpful hints: viewing an occupied apartment
According to Section 2233 of the Civil Code, the tenant is obliged to allow prospective tenants to view the apartment in the last three months before the end of the lease. It is important that the inspection takes place in the presence of both the tenant and the landlord and that the tenant is given sufficient notice. No surprises like "we'll be there tomorrow at two o'clock with five people!"
However, inspections should not be too frequent or intrusive - the tenant is entitled to a rent reduction in such cases. It is therefore always best to find a compromise between the landlord's interests and the tenant's right to quiet enjoyment of the apartment.
Decision: Subletting an apartment through Airbnb
The Supreme Court , in its decision 26 Cdo 2128/2023, confirmed that a tenant can be given notice of termination of the lease of an apartment if it breaches its obligations under the lease agreement by subletting the apartment to third parties for short-term accommodation, for example through platforms such as Airbnb. Such behaviour may be considered a gross breach of obligations, giving the landlord the right to terminate the lease under Article 2288(1)(a) of the Civil Code.
In the case at hand, the tenant had rented the apartment for the purpose of long-term living, but offered the apartment for short-term accommodation of tourists via Airbnb. Importantly, the tenant had the landlord's consent to sublet the apartment, but that consent did not relieve the tenant of the obligation to use the apartment for the purpose for which it was rented - that is, to provide housing needs, not to run a short-term accommodation business. This breach of duty gives the landlord the right to terminate the lease with three months' notice.
If you want to deepen your knowledge of tenancy law, we have a great opportunity for you! On 5.11.2024 we are organizing a training course for real estate brokers in Ostrava, where you will learn everything you need to know about renting and managing apartments. For more information please visit https://pravopromaklere.cz/. We look forward to seeing you!
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Disclaimer:
The information contained in this article is for general informational purposes only and is intended to provide basic orientation on the subject matter in accordance with the legal framework as of 2026. While we strive for maximum accuracy, legislation and its interpretation evolve over time. We are ARROWS Law Firm, an entity registered with the Czech Bar Association (our supervisory authority), and for the maximum protection of our clients we carry professional indemnity insurance with a limit of CZK 400,000,000. To verify the current wording of applicable regulations and their impact on your specific situation, please contact the author of this article or another qualified professional.