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Rental deposit

Czechia — jistota / kauce (Občanský zákoník § 2254)

NationalCZRead off primary law

Czechia

Rule id
deposit.cz
Version
1.0.0
In force from
January 1, 2014
Last read against its sources
August 5, 2026
Countries bound
Czechia

In plain language

What this regime says.

A Czech deposit, together with any contractual penalty in the lease, may not exceed three times the monthly rent. The tenant is entitled to interest on it from the day it was paid, and on the end of the lease the landlord must return it with an accounting for what is genuinely owed.

Who is covered

Tenants of a flat in Czechia under the občanský zákoník.

What you get

Return of the jistota with a set-off calculation, plus interest from the day you paid it, plus anything above the three-times ceiling.

Where claims go wrong

  • Forgetting the interest, which runs from the day the deposit was paid rather than from move-out.
  • Measuring the deposit against the cap without adding the contractual penalty clause.
  • Filing without the pre-action demand, which is what gets your costs back.

Authority

Every citation,
with its pinpoint.

A claim that cites “EU law” gets filed. A claim that cites Article 7(1)(c) gets answered. These are the exact coordinates this entry rests on.
  1. Občanský zákoník (89/2012 Sb.), § 2254Zákon č. 89/2012 Sb., občanský zákoníkURL verified 2026-08-05§ 2254 — jistota together with any contractual penalty may not exceed three times the monthly rent; the tenant is entitled to interest on the jistota from the day it was given, at least at the statutory rate; on termination the landlord returns it, setting off what the tenant owes
  2. Občanský zákoník (89/2012 Sb.), § 629Zákon č. 89/2012 Sb., občanský zákoník§ 629(1) — three-year subjective limitation period

Sources

Where a figure is indexed, converted or published by a regulator rather than fixed in the instrument, the provenance is recorded separately. Anything marked as a modelled estimate is exactly that — a model, not a statutory number.

What it imposes

Clocks, defences and the ladder.

A rule module builds these while it evaluates, because a limitation period depends on which forum is open to you. What follows is the structure this regime produces — deliberately with no dates and no figures, because those belong to your facts rather than to the law.

The clocks it starts

  • Three-year subjective limitation period (§ 629(1))Fatal if missedA right is barred three years after it could first have been exercised. We have measured from the end of your lease, when the obligation to return the jistota arose.Občanský zákoník (89/2012 Sb.), § 629 — § 629(1) — three-year subjective limitation periodLimitation period

What it entitles you to, beyond money

  • An itemised, evidenced account of every deductionAsk for invoices, quotations and dated photographs measured against the condition record at the start of the tenancy. A round sum with no breakdown is not a justified deduction anywhere in Europe.§ 2254 — jistota together with any contractual penalty may not exceed three times the monthly rent; the tenant is entitled to interest on the jistota from the day it was given, at least at the statutory rate; on termination the landlord returns it, setting off what the tenant owes

What the other side will say

Each of these is a refusal this regime lets a counterparty attempt, paired with the answer to it. Reading them before you write is worth more than any amount of polish on the letter itself.

"Nobody pays interest on a kauce"

high likelihood

The landlord returns the nominal deposit and treats the interest entitlement as theoretical.

What answers it

§ 2254(2) gives the tenant the right to interest on the jistota from the day it was provided, at least at the statutory rate. It is not conditional on the landlord having invested it, and it runs from payment, not from the end of the lease. Ask for it in the pre-action demand — it is often worth more than the deduction being argued about.

Občanský zákoník (89/2012 Sb.), § 2254 — § 2254 — jistota together with any contractual penalty may not exceed three times the monthly rent; the tenant is entitled to interest on the jistota from the day it was given, at least at the statutory rate; on termination the landlord returns it, setting off what the tenant owes

"We are still working out the costs"

high likelihood

The landlord holds the whole deposit indefinitely while quotes, invoices or utility bills are said to be pending.

What answers it

The statutory return period exists precisely so the landlord can obtain quotes and final bills inside it. It does not restart because they left it late, and it does not licence holding the whole deposit against one unquantified item. Ask them to return everything not genuinely in issue now, and to quantify the rest by a stated date.

"The property needed cleaning and redecorating"

high likelihood

The landlord charges for cleaning, carpet wear, scuffed paint or tired fittings and treats the deposit as a refurbishment fund.

What answers it

Fair wear and tear from ordinary use is not a recoverable loss in any of the regimes this product covers — a deduction must reflect damage or a breach beyond ordinary use, must be evidenced, and must be reduced for the age and remaining life of the item. Ask for the invoice, the check-in and check-out evidence, and the calculation.

"Prove you did not cause it"

high likelihood

The landlord asserts damage and expects the tenant to disprove it, often without a check-in inventory.

What answers it

It is the party seeking to keep the money who must justify keeping it. Where there is no dated check-in record to compare against, an adjudicator has nothing to measure the alleged damage from, and the deduction generally fails on that ground alone.

Where to take it next

  1. Written demand (předžalobní výzva)A pre-action demand sent at least seven days before filing is what entitles you to your costs if you win in court, so send it and keep proof of delivery. Ask for the jistota, the set-off calculation and the interest from the day you paid it.Claim directtypically 14 days
  2. Okresní soud (district court)Binding on themDeposit claims are ordinary civil claims. For an undisputed sum the electronic payment order (elektronický platební rozkaz) is quick and cheap.Courttypically 180 days

Documents

What this regime can produce.

Every one of these is a document you send yourself, in your own name. Duesday never writes to anybody on your behalf and is never anyone’s agent.

The same claim type elsewhere

Albania — rental deposit (Kodi Civil (Civil Code), qiraja)ALNationalAlbaniaKodi Civil (Civil Code), qirajaConfidence: lowAustria — rental deposit (Allgemeines Bürgerliches Gesetzbuch (ABGB) § 16b, and the Mietrechtsgesetz (MRG))ATNationalAustriaAllgemeines Bürgerliches Gesetzbuch (ABGB) § 16b, and the Mietrechtsgesetz (MRG)Confidence: lowBelgium — rental deposit (Regional housing codes: Vlaams Woninghuurdecreet, Décret wallon relatif au bail d’habitation, Code bruxellois du Logement)BENationalBelgiumRegional housing codes: Vlaams Woninghuurdecreet, Décret wallon relatif au bail d’habitation, Code bruxellois du LogementConfidence: lowBosnia and Herzegovina — rental deposit (The law of obligations of the relevant entity (Federation of Bosnia and Herzegovina or Republika Srpska) and the applicable housing legislation)BANationalBosnia & HerzegovinaThe law of obligations of the relevant entity (Federation of Bosnia and Herzegovina or Republika Srpska) and the applicable housing legislationConfidence: lowBulgaria — rental deposit (Закон за задълженията и договорите (Obligations and Contracts Act), наем)BGNationalBulgariaЗакон за задълженията и договорите (Obligations and Contracts Act), наемConfidence: lowCroatia — rental deposit (Zakon o najmu stanova and the Zakon o obveznim odnosima)HRNationalCroatiaZakon o najmu stanova and the Zakon o obveznim odnosimaConfidence: lowCyprus — rental deposit (Rent Control Law of 1983 (23/1983) for controlled tenancies, and the general law of contract)CYNationalCyprusRent Control Law of 1983 (23/1983) for controlled tenancies, and the general law of contractConfidence: lowDenmark — rental deposit (Lov om leje (lejeloven), consolidated with effect from 1 July 2022)DKNationalDenmarkLov om leje (lejeloven), consolidated with effect from 1 July 2022Confidence: low

Other rights in the same countries

Does this one reach your facts?

The engine runs every regime that could apply at once and reconciles them, rather than making you guess which page to read.

Not a law firm. Not legal advice. You send it yourself. This page describes a law; it is not advice about your situation and no outcome is promised.