Do I need to give the tenant notice before I sell the flat?

No. Under Section 2221 of the Czech Civil Code (Act No. 89/2012 Coll.), the buyer steps into the rental agreement, so the tenancy continues unchanged and notice is not required to proceed with the sale.

Can the flat be sold while the divorce is still pending?

Yes, provided both spouses consent to the sale (if the flat is joint marital property) or if the flat belongs to you alone. You do not need to wait for the divorce judgment, but it is wise to draw up an agreement on how to divide the proceeds beforehand.

Do I need to inform the tenant about the sale?

Yes, it is advisable and practically necessary. The tenant needs to know who to pay the rent to. Notice is usually given in writing and should include the new owner's name and bank account details.

When will I receive the money?

The deposit is paid when you sign the contract. The final payment is released from the lawyer's escrow account within 5 days of registration with the Czech Land Registry, which takes roughly 3–4 weeks.

Selling a Rented Flat During Divorce: You Don't Need to Wait for the Tenant to Leave

Published 21 October 2026

You can sell a rented flat even while going through a divorce, and you don't need to wait for the tenant to leave. Under Section 2221 of the Czech Civil Code (Act No. 89/2012 Coll.), the buyer steps into the rental agreement in place of the current landlord, so there's no need to give notice to the tenant or have the flat vacated. If the flat is part of joint marital property (vlastnictví manželů), you will need the consent of both spouses to sell it.

Summary

The rental agreement does not end with the sale; the new owner assumes the landlord's rights and obligations (Section 2221 of Act No. 89/2012 Coll., Czech Civil Code).
There is no need to give the tenant notice or have the flat vacated to proceed with the sale.
If the flat is joint marital property, you will typically need both spouses' consent to sell.
Ownership passes only upon registration in the Czech Land Registry (katastr nemovitostí); final payment comes from the lawyer's escrow account.
It's wise to discuss any tax implications of the sale with a tax advisor or the Czech Tax Authority (Finanční správa) beforehand.

Do I Need to Wait Until the Tenant Leaves?

No. It's a common misconception: many people think an occupied flat cannot be sold, or that you must first give the tenant notice. The law does not require this. The sale of a flat and the rental agreement are two separate matters.

Under Section 2221 of the Czech Civil Code (Act No. 89/2012 Coll.), the buyer of a rented property steps into the rights and obligations of the landlord. The tenant therefore continues to live there under the terms of their contract, and pays rent to the new owner. This allows you to focus on your divorce and division of assets without having to worry about eviction.

If the rental agreement subsequently ends (for example, when the agreed term expires), that is a matter between the tenant and the new owner. Once the sale is complete, it is no longer your concern.

What Happens to the Rental Agreement Upon Sale

The agreement remains unchanged. The new owner cannot unilaterally alter the rent amount or other terms unless the contract or law permits it. The tenant has the assurance that their situation will not worsen because of the sale.

In practice, it is wise to settle these matters:

Security deposit. Verify where it is held and who it will be handed over to upon sale. The arrangement should be documented in the sales contract or handover protocol.
Rent for the period around the transfer. Agree from which date the rent belongs to the new owner.
Informing the tenant. The tenant should receive written notice of the change of landlord and where to send the rent.
Handover of documents. The rental agreement, handover protocol, meter readings, and any deposits for utilities.

Divorce and the Other Spouse's Consent

The key question is not about the tenant, but who owns the flat. If it was purchased during the marriage, it typically falls into joint marital property (vlastnictví manželů). To deal with such significant assets as real estate, the Czech Civil Code (Act No. 89/2012 Coll., in particular Section 714) requires the consent of both spouses. Without it, the contract could be challenged.

If the flat belongs to only one of you (for example, through inheritance, a gift, or acquired before marriage), the owner decides alone. Nevertheless, verify the status in the Czech Land Registry (katastr nemovitostí) and consult a lawyer to determine whether the flat factors into the division of assets.

Joint marital property ceases upon termination of the marriage and is subsequently divided. You can agree that the flat is sold and the proceeds are split. Such an approach is often simpler than one spouse paying the other. More information is available on the Sale of Real Estate During Divorce page.

A Flat with a Mortgage or Lien

A mortgage does not preclude a sale. The bank's lien (registered with the Czech Land Registry) is typically resolved at sale by paying off the debt from the sale proceeds, after which the bank consents to remove the lien from the register. Funds are usually released from the lawyer's escrow account, first to the bank, with any remainder going to you or split between both spouses.

It is wise to obtain the current outstanding balance from your bank. If you are struggling with repayments and foreclosure looms, do not delay negotiations—the sooner you begin, the more options you have. See Quick Sale Before Foreclosure.

How the Sale of an Occupied Flat Proceeds

Selling an occupied flat with a tenant in place proceeds much like a standard sale, except the buyer anticipates receiving the flat with the tenant remaining. Details are available on the Purchase of Property with a Tenant page, and the full process is described in How It Works. In brief:

Offer. After providing basic information about the flat and rental, you receive an offer within 24 hours, in writing and without obligation.
Signing the contracts. Contract signing and the deposit usually take place within 1–3 days. If the flat is joint marital property, both spouses sign.
Registration with the Czech Land Registry. Ownership passes only upon registration (vklad). Under the Czech Land Registry Act (Act No. 256/2013 Coll.), the land registry office cannot decide earlier than 20 days after notifying the owner. The entire process takes roughly 3–4 weeks.
Final payment. The balance of the purchase price is paid from the lawyer's escrow account within 5 days of registration.

Payment is made by bank transfer via a lawyer's escrow account. Cash payment is limited to 270,000 CZK per day under Czech law (Act No. 254/2004 Coll.), so cash is virtually never used in flat sales. The lawyer's escrow account and full legal services are provided at no charge, with no repair obligations and no requirement to vacate.

Taxes and What Not to Forget

The property acquisition tax was abolished by Act No. 386/2020 Coll. However, the seller may still face income tax under Act No. 586/1992 Coll. Whether the income from the sale is exempt depends generally on how long you owned the flat and whether it was your primary residence. For a rented flat, the situation must be assessed on a case-by-case basis. Contact the Czech Tax Authority (Finanční správa) or a tax advisor, ideally before signing the contract.

Also agree on how the sale proceeds will be divided between spouses and document this in writing. A similar situation is described in the case study of a family home after divorce.