Selling a rented rural house: how to proceed when a long-term tenant lives there

Can a tenant block the sale?

Tenants cannot block a house sale; selling is the owner's right and tenant consent is not required. The owner can use the property freely, even if it is occupied.

However, the tenant has other rights that can practically affect the sale:

• their tenancy continues even after the ownership changes,
• they cannot be evicted at short notice,
• viewings by prospective buyers must be agreed with the tenant, and if they do not cooperate, the sale becomes complicated and delayed.

The tenant therefore cannot legally block the sale, but can slow it down in practice. For this reason, it is worth communicating openly and in good time.

What happens to the tenancy agreement after the sale?

The tenancy agreement remains valid after the sale, but with the new owner as landlord. Under Article 2221 of the Civil Code (Act No. 89/2012), the buyer enters into the tenancy relationship in place of the previous owner.

In practice, this means:

• the same rent and conditions apply until the parties agree otherwise or change them according to the law,
• the tenant does not have to leave just because the owner has changed,
• the buyer assumes obligations, such as keeping the house in a habitable condition,
• any deposit must be explicitly addressed in the purchase contract.

Tenancy agreements are not registered at the Czech Land Registry (katastr nemovitostí). The buyer will only learn about the tenancy from you, so provide a copy of the agreement with the purchase contract and disclose everything truthfully. Concealing the tenancy could cause you legal problems.

Why the tenant cannot simply be evicted

For rented dwellings, tenant eviction by the landlord is limited to legal grounds specified by law, so vacancy cannot be guaranteed after sale. The grounds for terminating a residential tenancy are set out in Article 2288 of the Civil Code (Act No. 89/2012) and form an exhaustive list.

The mere fact that you are selling the house or that the buyer wants it vacant is not usually a legal ground for eviction. Eviction must be in writing and the tenant can challenge it in court.

Relying on resolving the tenancy before sale therefore carries the risk of a lengthy dispute. A more practical solution is a voluntary termination agreement, possibly with financial compensation agreed by both parties. However, this is just one option and not a condition of the sale.

Rural properties: fewer potential buyers

Rural properties typically have fewer buyers, and an occupied house reduces their number further. A typical buyer looking for a residential house wants to move in themselves and their family, so an occupied property is often ruled out immediately.

Other considerations also apply:

• smaller local market where word about the property spreads quickly,
• older house, often with deferred maintenance and long-standing low rent,
• unclear documentation, such as buildings not registered at the Czech Land Registry or unresolved inheritance issues; for buildings, you must also consider the Building Act No. 283/2021.

It is worth verifying that the house in the cadastral records (katastr nemovitostí) matches reality. Clear legal title will help the buyer decide.

How the sale proceeds and what the new owner can expect

Selling an occupied house follows the same process as selling an empty one, but with full disclosure of the tenancy. The process looks like this:

1. Prepare the tenancy agreement, any amendments, rent payment records and an extract from the Czech Land Registry.
2. Inform the tenant of your intention to sell; they cannot block it, but their cooperation helps.
3. Contact potential buyers willing to keep the tenant and request written offers.
4. Execute the purchase contract specifying that the buyer assumes the tenancy under Article 2221 of the Civil Code (Act No. 89/2012).
5. Submit an application for registration with the Czech Land Registry (katastr nemovitostí).

Ownership transfers only upon registration. Under the Cadastral Act No. 256/2013, the registry office cannot decide before 20 days after notification of the owner; the average registration time is approximately 22 days. The new owner then notifies the tenant of the change in landlord, and rent is paid to them from that date. For more on this option, see purchasing property with a tenant.

Sale without waiting for eviction: buying with the tenant in place

One solution is a buyer who purchases the house directly with the tenant, so you do not wait for eviction. They accept the occupied property from the start.

For purchasing on our website, an offer is provided within 24 hours and is in writing and non-binding. Contract signing and deposit typically occur within one to three days, registration at the Czech Land Registry takes approximately three to four weeks, and payment of the balance comes within five days of registration from attorney escrow. This includes complete legal services at no extra cost, with no repairs or eviction required. Payment is by bank transfer only, as cash payments are restricted to 270,000 CZK per day (Act No. 254/2004). The full process is described on the how purchasing works page.

Tax and what to do now

Transfer tax on immovable property no longer applies, but income tax on the sale proceeds depends on your specific circumstances. Transfer tax was abolished by Act No. 386/2020. Income from the sale may be exempt under the Income Tax Act No. 586/1992, typically depending on whether the property was your primary residence and how long you have owned it (time test). For a rented house, the rules may differ from a house where you lived. Check the exact conditions on the Czech Financial Authority website or with a tax advisor.

What to do now:

1. Gather the tenancy agreement including any amendments and a record of rent payments.
2. Check the extract from the Czech Land Registry and any mortgages or charges on the property.
3. Note the condition of the house and whether the tenant pays rent on time.
4. Fill in the form below. You will receive a written non-binding offer or assessment, and the decision remains yours.

Answers to further questions can be found in frequently asked questions.