Must a rental contract be in writing?
Yes, the Civil Code requires a residential lease to be in writing. However, a landlord cannot rely on the missing written form to the tenant's disadvantage if the tenant has used the flat for at least three years. An oral arrangement can still create rights, so keep evidence of payments and communication.
Section 2237 of the Civil Code requires a residential lease to be in writing. The purpose is to protect the tenant and provide certainty about the terms.
If there is no written contract but the tenant has used the flat for three years or more, the landlord cannot invoke the lack of written form against the tenant. In practice the lease is treated as valid.
Even without a formal document, proof of rent payments, messages and handover can establish that a lease exists and on what terms.
This text is general and informative and is drawn from publicly available laws of the Czech Republic. It does not replace individual legal advice from an advocate. Before deciding a specific matter, we recommend consulting a qualified lawyer.