How to write a tenancy agreement: Complete template and instructions
A practical guide to creating a rental agreement. What it must contain, how to avoid mistakes and a downloadable pattern.
A good lease is like a good insurance policy – you hope you never need it, but when a problem does arise, you're glad you have it. A bad contract can lead to endless disputes, financial losses and legal battles.
In this guide, I will show you how to write a tenancy agreement that protects both parties and prevents problems.
Legal basis
Legislation
The rental of an apartment is governed by the Civil Code (Act No. 89/2012 Coll.), specifically § 2235–2301. These paragraphs establish the tenant's minimum rights, which cannot be deviated from to his detriment.
Form of contract
Mandatory written form: A written contract is required for renting an apartment. The oral agreement is invalid.
Notarization: Not mandatory, but recommended for greater legal certainty.
Mandatory contract details
1. Identification of the contracting parties
Lessor (natural person):
- Name and surname
- Date of birth or social security number
- Permanent address residence
Lessor (legal entity):
- Business company
- IČO
- Registered office
- Person authorized to act
Lessee:
- Name and surname
- Date of birth or social security number
- Address of permanent residence (before lease)
2. Description apartment
Specifications:
- Exact address
- Apartment number
- Floor
- Layout (2+1, 3+kk)
- Floor area
Accessories:
- Cellar (number, location)
- Parking space
- Balcony, terrace
- Garage
3. Purpose lease
Standard: "The apartment is rented for the tenant's residence."
If the tenant is to run a business from the apartment, this must be explicitly allowed.
4. Lease period
Fixed-term rental:
- Exact start and end date
- Statutory or contractual renewal only under its stated conditions
- Termination conditions
Term rental indefinite:
- Start date only
- Notice periods according to the law
5. Rent and payments
Amount of rent:
- Monthly amount in numbers and words
- Currency (Kč)
Deposits for services:
- Amount and what it includes
- Method statement
Terms of payment:
- Maturity (by the Xth day of the month)
- Method of payment (bank transfer, account number)
- Variable symbol
6. Security (deposit)
Amount:
- Maximum of three times the monthly rent (legal limit)
- Usually 1–2 months
Purpose:
- Covering possible damages
- Unpaid rent
- Unpaid services
Return:
- Period after the end of the lease (without inventing a universal statutory 30-day deadline)
- Terms of crediting
Recommended requirements
State of the apartment upon handover
Transfer protocol:
- Separate document as an attachment
- Description of the state of the rooms
- Equipment status
- Meter status
- Photo documentation
List of equipment
If the apartment is equipped:
- List of furniture and appliances
- Condition of individual items
- Responsibility for maintenance
Rules of use
Prohibited activities:
- Subletting without consent
- Keeping pets (or conditions)
- Smoking
- Construction improvements
Obligations of the tenant:
- Minor repairs
- Maintenance
- Notification of defects
- Allowing access
Termination of the lease
Termination by the landlord:
- Legal grounds (§ 2288 OZ)
- Three-month notice period
Termination by the tenant:
- Without giving a reason
- Three-month notice period
Immediate termination:
- Serious breach of obligations
- Terms and procedure
Inflation clause
Possibility of unilateral rent increase by inflation (necessary to agree in the contract).
Sample structure of the contract
Heading: "Rental contract concluded in accordance with § 2235 et seq. of Act No. 89/2012 Coll."
Article I – Contracting parties Identification of lessor and lessee
Article II – Subject of rent Description of apartment and accessories
Article III - Purpose of lease Housing
Article IV - Lease period Indefinite/indefinite, dates
Article V - Rent Amount, maturity, method of payment
Article VI - Deposits for services List of services, amount of deposits, billing
Article VII – Security Amount, purpose, return
Article VIII – Rights and obligations Obligations of both parties
Article IX – Termination of lease Terms of notice, reasons
Article X – Final provisions Attachments, number of copies
Signatures: Date, place, signatures of both parties
Frequent errors in lease agreements
Error 1: Invalid agreement
Example: "The tenant waives the right to terminate without giving a reason."
Why it's wrong: The law protects the tenant - this agreement is invalid.
Error 2: Unclear amount of payments
Example: "The rent is 15,000 Kč including utilities."
Why is wrong: It is not clear how much is the rent and how much is the service. It complicates billing.
Error 3: Missing transfer report
Problem: Without documentation of the condition, damage caused by the tenant cannot be proven.
Error 4: Deposit too high
Example: Deposit equal to 5 months' rent.
Why it's wrong: The law limits to threefold. A higher security deposit is void.
Mistake 5: Lack of consent of co-owners
If the property has multiple owners, they must all agree to the lease.
Special situation
Subletting
When consent is needed: Always - the tenant needs written consent from the landlord.
What negotiate:
- Scope of the sublease
- Lessee's responsibility
- Terms of termination
Lease with purchase option
When to use: The tenant is interested in buying in the future.
What to negotiate:
- Price when exercising the option
- Deadline for exercise
- Terms of transfer
Roommates
Situation: Several people in one apartment without joint tenancy.
Solution:
- One contract with everyone as joint tenants
- Or main tenant + sublease
Electronic signature
Is it valid?
Yes, the electronic signature is valid for the lease agreement. Can be used:
- Qualified electronic signature
- Recognized electronic signature
- Even a simple e-signature (but more difficult to prove)
Recommendation
For greater legal certainty, prefer a qualified e-signature or a classic paper signature.
After signing the contract
Registration at the authorities
Notification of change addresses: The tenant should report a change of permanent residence (if changing).
Rental records: Keep income records for tax purposes.
Insurance
Landlord: Property + liability insurance.
Tenant: Home + liability insurance.
On-going documentation
- Copy of the contract for both parties
- Archiving of payments
- Written communication (e-mail)
Summary: Lease contract checklist
Mandatory:
- Written form
- Identification of parties
- Apartment description
- Purpose of lease
- Lease period
- Above of rent
Recommended:
- Deposits for services in detail
- Security (deposit)
- Handover report
- Equipment list
- Rules of use
- Termination conditions
- Inflation clause
Attachments:
- Handover report
- Photo documentation
- Energy label
- Housekeeping order
A good lease agreement is an investment in peace of mind - it protects the landlord from problem tenants and the tenant from the landlord's arbitrary actions.
How Grento can help you
Grento contains 70 legal sample contracts including a lease agreement. The contract generator automatically fills in the data from the register.
> Czech-law scope and editorial note: Legal, tax, accounting, tenancy, service-charge, condominium, metrology, insurance and data-protection statements in this article refer to the Czech Republic and the rules effective for the relevant date. Figures and examples are illustrative, not legal or tax advice. Verify current rules with the relevant Czech authority or a qualified adviser.
> Security-deposit clarification: Under Czech Civil Code § 2254, the ceiling is tied to three times the monthly rent and the tenant has a right to interest. The provision does not create a universal separate-account or 30-day return rule, and service advances do not automatically count toward the rent-based ceiling. Settle the balance and interest without inventing a statutory deadline.