Činžáky.com Potenciál domu zdarma

What Happens to Tenants When a Flat Is Sold in a Split House

Published 13 October 2026

Neither dividing a building into units nor selling a flat ends a tenancy. Under the Czech Civil Code (Act No. 89/2012 Coll.), the buyer takes over the landlord's rights and obligations, and the tenant stays protected exactly as before. As an owner, you therefore need to factor the tenancy into your sale preparations, because it affects both the timing of the sale and the price of the unit.

Summary

  • A tenancy does not end when ownership is transferred; the new owner of the unit steps into the landlord's place (§ 2221 of the Civil Code, Act No. 89/2012 Coll.).
  • The sale of a unit is not in itself a ground for notice; a landlord may terminate a lease only on grounds set out by law (§ 2288 et seq.).
  • There are three basic scenarios: the tenant stays, the tenant buys, or the tenant leaves by agreement.
  • An occupied unit is usually sold differently from a vacant one; each lease needs to be reviewed in a legal audit.

Dividing the building and tenancy agreements: what changes and what does not

An apartment building is divided into units by a declaration by the owner (prohlášení vlastníka) under the provisions of the Civil Code (Act No. 89/2012 Coll.) on the ownership of flats. This creates separate units that can be transferred. However, you remain the landlord until you transfer ownership of the particular unit. The declaration itself generally has no direct effect on existing tenancies.

It is important to distinguish two things: the tenancy agreement is a contractual relationship between landlord and tenant, whereas ownership of the unit passes only upon registration in the katastr nemovitostí (Czech Land Registry). Under the Land Registry Act (Act No. 256/2013 Coll.), the Land Registry Office may not decide earlier than 20 days after notifying the owner, and the average time for registration is roughly 22 days. Until then, you are the landlord.

Transfer of rights and obligations to the new owner

Where a landlord transfers ownership of the let property to someone else, under § 2221 of the Civil Code the acquirer steps into the rights and obligations under the lease in place of the previous landlord. The lease therefore does not change: it continues to the same extent, at the same rent and for the same term.

In practice, this means several obligations for you as the seller:

  • Inform the buyer of all tenancies relating to the unit, including oral arrangements and addenda. Concealing a tenancy creates a risk of a dispute with the buyer.
  • Notify the tenant of the change of landlord, so that they know whom to pay rent to and whom to contact.
  • Settle the deposit (jistota) and any arrears or service charge reconciliations, or expressly transfer them to the buyer in the purchase agreement.

The scope of these obligations and how to fulfil them should be checked against the specific lease, as they may vary depending on its wording.

Tenant protection and grounds for notice

Residential tenancies are strongly protected under the Civil Code (Act No. 89/2012 Coll.). A landlord may terminate an open-ended tenancy only on the grounds set out by law in § 2288 and the following provisions. Notice must be in writing, must state the reason and must inform the tenant of the option to apply to the court. Neither the sale of the unit nor the buyer's wish to have the flat vacant is among the grounds for notice.

What this means for you:

  • A buyer of the unit cannot “clear out” the tenant simply because they have bought the flat. They enter the tenancy with all its restrictions.
  • If the ground for notice were reconstruction or demolition of the building, the law attaches further conditions to such a step, for example replacement housing. Building works are also governed by the Building Act (Act No. 283/2021 Coll.).
  • A fixed-term tenancy ends when the agreed term expires, but until then it continues after a change of owner. Any extension or follow-on agreement must be assessed according to the specific wording and the statutory rules.

We cannot recommend circumventing tenant protection through pressure or dubious notices. It is legally risky and usually harms the marketability of the units as well.

Three scenarios: the tenant stays, buys or leaves

ScenarioWhat happens to the tenancyImpact on the sale
Tenant staysThe tenancy continues; the buyer steps into the landlord's position (§ 2221).Buyers are mainly investors; price and timing depend on the terms of the lease.
Tenant buysOnce the tenant acquires ownership of the unit, the tenancy normally ends, as tenant and owner are the same person.Usually the most direct route, but it depends on the tenant's financing and interest.
Tenant leavesThe tenancy ends by written agreement or another statutory method, followed by vacating the flat and settling the deposit.A vacant unit is usually easier to sell, but an agreement costs money and time.

Tenant stays

Legally, this is the least complicated scenario for the owner, but it raises the most questions from the buyer: the amount of rent, the length of the tenancy, the state of the deposit and the payment history. An investor buying the unit will value it by its rental yield.

Tenant buys

The law does not generally give a residential tenant a right of pre-emption (předkupní právo) over the unit. It could, however, arise from the contract or from earlier arrangements, so these need to be traced in the audit. Offering the unit to the tenant is a commercial decision, not a legal obligation, but it is often advantageous because you avoid having to find both a new tenant and a buyer.

Tenant leaves

An agreement to end the tenancy should be in writing and should set out the move-out date, handover of the flat, reconciliation of service charges and return of the deposit. Any financial compensation is a matter for negotiation; no fixed amounts or customs can be asserted in advance.

Impact on sale timing and unit prices

Occupied units are sold differently from vacant ones. Buyers who want to live in the flat usually do not want to take over a tenant, so this narrows the pool of interested parties. Investors, on the other hand, may value an occupied unit for its stable income. The specific impact on price depends on the state of the lease, the rent and the location, so it cannot be expressed as a general figure.

In terms of the economics of the whole project, the typical difference in value between selling the building as a whole and selling it unit by unit is +20–40%, although the exact figure is determined by a feasibility study. Tenancies are one of the variables in that calculation: they determine how many units can be sold vacant, how many occupied, and in what order. You can get an indicative estimate of potential in the building potential calculator, but a binding figure requires a review of the contracts.

Income tax also applies to a sale. Under the Income Tax Act (Act No. 586/1992 Coll.), for example, a time test applies when selling real estate, and it is assessed whether the property was used for housing. Check the details with the Financial Administration or a tax adviser.

Practical steps: a legal audit of tenancies before the sale

The recommended procedure for the owner of an apartment building:

  1. Inventory of tenancies: for each unit, collect the contract, addenda, proof of deposit, the amount of rent, payment history and all correspondence.
  2. Legal review: verify the type of tenancy (fixed-term or open-ended), any pre-emption right arrangements, special conditions and options for termination.
  3. Choose a scenario for each unit: keep the tenancy, offer the tenant the purchase, or negotiate termination by agreement.
  4. Timing: tie the sale to the project schedule so that units are not offered before their legal situation is clear.
  5. Cashless settlement: the purchase price is paid by bank transfer, ideally through a lawyer's escrow account. Cash payments are limited to CZK 270,000 per day (Act No. 254/2004 Coll.).

This step forms part of the paid feasibility study Audit a plán (Audit and Plan), with results delivered within 6 weeks. The project then passes through three gates (legal, permit, sales gate) and moves to the next phase only with confirmed figures; the process is described on the page Jak to funguje (How it works). You can find out who the service is for on the page Pro koho (Who it is for).

This text is a general explanation and is not a substitute for a legal review of specific contracts.

Frequently asked questions

Can the new owner of a flat give the tenant notice simply because they bought it? +

No. Buying a unit is not a ground for notice. The acquirer enters the tenancy under § 2221 of the Civil Code (Act No. 89/2012 Coll.) and may give notice only on grounds set out by law, in particular in § 2288 and the following provisions.

Do I have to offer the unit to the tenant first? +

The law does not generally give a residential tenant a right of pre-emption. It could, however, arise from the lease or another agreement, so the contracts must be checked. Even so, an offer to the tenant is often a practical option.

What happens to the tenant's deposit when I sell? +

The deposit must be settled: either you return it to the tenant, or you expressly transfer it to the buyer in the purchase agreement. The method depends on the specific contract and on what the parties agree.

When does the buyer become the landlord? +

Ownership of the unit passes upon registration in the Czech Land Registry (katastr nemovitostí). Under Act No. 256/2013 Coll., the Land Registry Office may not decide earlier than 20 days after notifying the owner. Only then does the acquirer step into the landlord's position.

Where can I find more answers about transforming a building? +

Further questions are covered on the Časté dotazy (Frequently asked questions) page (/caste-dotazy). For a specific building, we recommend starting with an audit of the tenancy agreements.

Sources

This article is for information only and is not legal advice. Reviewed 13 October 2026.

Need a free, no-obligation assessment of your situation?

Use the form on our website — it is in Czech, but you can write to us in English.

Get an assessment

More articles

Potenciál domu Zavolat