Frequently Asked Legal Questions from Our Legal Advice Section
Our law firm Legals has long been running a legal advice section for the Prague 22 municipal district and also answers questions from readers of Deník.cz. Every month, we deal with dozens of real-life stories, from neighbour disputes and leases to family matters, inheritance, debts, enforcement proceedings and employment issues.
The questions you will find here are based on anonymised cases of our clients and readers. Below you will find a simplified summary. The full text of each answer, including the legal analysis and recommended step-by-step procedure, is available on our legal advice profile on Deník.cz.
I built a garage and found out that it extends a few centimetres onto municipal land. Am I at risk of having it demolished?
This involves both an unauthorised construction issue in relation to the building authority and an encroachment onto someone else’s land from the perspective of civil law. In administrative proceedings, an order to remove the structure may be issued, but it is often possible to apply for additional approval and rectify the situation (including resolving the property-related overlap with the landowner).
I damaged my neighbour’s fence while cutting down a tree. Do I have to pay for the entire damage?
If you cause damage by your conduct, for example by a falling branch during tree felling, you are liable for it in full. The injured party may claim the costs of restoring the fence to its original condition – typically based on a repair invoice or an expert opinion. If no agreement is reached, compensation may be claimed in court.
Someone scratched my car in a car park and drove away. How can I recover the damage?
Compensation can be claimed from the specific person who caused the damage – but that person must first be identified and it must be proven that they caused the damage (camera footage, witnesses, etc.). If the culprit cannot be traced, the damage is usually borne by the vehicle owner, unless it is covered by comprehensive insurance.
I cared for my parents and invested in the house. Am I entitled to a larger share of the inheritance?
Care or investments alone do not automatically mean a “larger inheritance share”. However, a separate claim may arise, for example for reimbursement of costs or remuneration for assistance, and in certain situations it may be possible to have this taken into account in the settlement between heirs or as so-called contributions.
Someone repeatedly shouts at me and uses hateful insults. Can I defend myself?
Gross insults and hateful expressions may constitute an administrative offence, and in some cases even a criminal offence (for example incitement to hatred). It is possible to file a report with the Police of the Czech Republic or the municipal authority, and, where the conduct interferes with personality rights, also seek court protection.
My tenants had the boiler repaired themselves and want me to reimburse them. Do I have to pay?
A tenant only pays for routine maintenance and minor repairs up to the statutory limit. If the total amount of minor repairs exceeds the limit, further repairs fall to the landlord – but the tenant cannot order them unilaterally and automatically demand reimbursement if they did not inform you and you did not agree to the procedure.
Someone broke my car light in a hospital car park. Can camera footage help me?
The car park operator will usually not provide the footage directly to you due to personal data protection, but it will provide it to the Police of the Czech Republic. The appropriate procedure is to report the damage to the police, who will request the footage, and if the culprit is identified, the damage may be claimed from their vehicle insurance or from the Guarantee Fund.
My neighbour has an extremely loud television, even after 10 p.m. What can I do?
This is a case of noise nuisance. If the noise exceeds what is customary in the locality and restricts the ordinary use of the flat, you can defend yourself by sending a written notice, calling the police due to disturbance of night-time peace, and, in extreme cases, filing an action seeking that the neighbour refrain from the disturbance. Noise measurement by the public health authority may also be useful.
After buying a flat, I discovered a hidden defect, such as water pipes. Can I claim a discount from the purchase price?
If it is a hidden defect that already existed at the time of handover and could not have been discovered during a standard inspection, you may exercise rights arising from defective performance – typically removal of the defect or a reasonable discount from the purchase price. The defect must be notified to the seller without undue delay and the repair costs must be documented.
My ex-husband does not pay child support and I am in insolvency. What can I do?
Child support can be effectively enforced through enforcement proceedings – a court-appointed enforcement officer may seize the debtor’s income and assets, and in child support cases even suspension of the driving licence may be used. If non-payment continues for a longer period, filing a criminal complaint for neglecting maintenance obligations may also be considered. Enforcement costs are primarily borne by the debtor.
Someone damaged my clothing at a festival. Does it make sense to claim compensation?
This is a standard claim for damages – you must know who caused the damage and prove that they caused it (witnesses, photos, possibly footage). For lower amounts, the dispute can also be handled independently by filing a claim without an attorney, but it is best to first attempt an agreement and prepare a simple written compensation agreement.
My tenants have not paid rent for three months. Can I terminate the lease?
Rent debt amounting to at least three months’ rent constitutes a serious breach of the tenant’s obligations and allows the landlord to terminate the residential lease. The termination notice must be in writing, state the reason and include information about the possibility to turn to the court. If the tenants do not vacate the flat voluntarily, it is necessary to file a lawsuit – “self-help eviction” is not permitted.
My former partner threatens me and constantly harasses me with messages. How can I defend myself?
Repeated threats and harassment may constitute an administrative offence or the criminal offence of dangerous threatening. It is possible to file a report with the police or request a preliminary injunction prohibiting contact or approach. It is important to document the threats, such as text messages, e-mails and communication records.
My neighbour is building a shelter by the fence and it shades our garden. Is he allowed to do that?
Even on their own land, a neighbour must respect building regulations and your right to undisturbed use of your property. If the shelter does not meet required distances or causes unreasonable interference, such as shading or nuisance, the matter can be addressed with the building authority and, in extreme cases, also by an action seeking removal or restriction of the structure.
I am not named in the will and I am not a statutory heir. Do I have any claim to the inheritance at all?
If you are not named in the will and do not fall within the group of statutory heirs, you have no direct inheritance right. Exceptions may include cases where the validity of the will can be challenged or where you have a separate claim (for example remuneration for long-term care of the deceased). These situations should be assessed individually with an attorney.
Do grandparents have the right to see their grandchildren if the parents prevent it?
Czech law expressly recognises the relationship between grandparents and grandchildren. If there is a strong emotional bond between them and it is in the child’s best interests for that bond to be preserved, grandparents may seek court-regulated contact. The court then assesses in particular the quality of the relationship, the age of the child and the previous care arrangements.
Drivers are blocking the entrance to my private land with their cars. How can I defend myself?
Parking in front of an entrance to private land can be addressed both under traffic regulations and through the protection of ownership rights. Marking the entrance and installing traffic signs may help (for example “No parking” or “Reserved parking”), with the placement requested by the owner of the road. Repeated blocking of the entrance can be dealt with through the municipal or state police and, in extreme cases, as unlawful interference with ownership rights.
The seller rejected my mobile phone complaint. How can I defend myself?
As a consumer, you have the right to free removal of the defect, replacement, a reasonable discount or a refund – depending on the nature of the defect and whether it is removable or non-removable. If the seller rejects the complaint, you have the right to request written reasoning, contact the Czech Trade Inspection Authority and use alternative dispute resolution for consumer disputes. More thorough legal argumentation directly in communication with the seller often helps as well.
My husband has a debt I did not know about. Can the enforcement officer seize my property too?
For debts incurred during marriage, the general assumption is that they fall into the community property of spouses – especially if they relate to the ordinary needs of the family. For purely personal debts to which the other spouse did not consent, the situation is different and there may be room to defend your exclusive property against seizure. In practice, an application to exclude an item from enforcement and, where necessary, an exclusion action may be used.
Can a former husband or wife claim back half of the payments made to the repair fund after divorce?
Payments to the repair fund are generally expenses related to the ownership of the flat. If, during the marriage, you financed repairs to a flat that remained after divorce in the exclusive ownership of one spouse, this may constitute a contribution from community property into exclusive property. This can be taken into account in the settlement of community property and compensation may be claimed – always depending on the specific circumstances and on how the community property was settled.
My neighbour chose a very bright façade colour and it disrupts the appearance of our house and surroundings. Can anything be done?
The appearance of a building must not conflict with requirements for the urban and architectural design of the area. If the façade clearly contradicts the zoning or regulatory plan, or the approved project, a complaint can be filed with the building authority. In certain cases, municipal regulations governing the appearance of buildings in heritage or urbanistically sensitive areas may also be used.
Our neighbour is bothering us with noise and odour, such as smoke, grilling or waste. How can we defend ourselves?
Excessive noise, odour or smoke are so-called nuisances. If they exceed what is reasonable in the locality and substantially restrict the ordinary use of your flat or house, you can seek protection – first by sending a notice, then by involving supervisory authorities (public health authority, municipal authority, police) and, in extreme cases, by filing an action to stop the nuisance. It is important to document the situation continuously.
My neighbour keeps smoking on the balcony and the smoke goes directly into our flat. Can anything be done?
Cigarette smoke is one of the so-called nuisances. If its amount substantially restricts the ordinary use of your flat, you can defend yourself first by sending a notice to the neighbour and then also legally – by filing an action to refrain from the nuisance. It is important to document the situation well, for example by video, witnesses or air quality measurement.
The neighbours’ dog barks all day, often even at night. Can we defend ourselves effectively?
Long-term dog barking may constitute unlawful noise nuisance. In the first phase, we recommend communicating with the neighbour or contacting the municipal police. If the situation does not improve, you may file a motion to initiate administrative offence proceedings or an action to refrain from the nuisance. Continuous records of the noise are important (for example witnesses, video, measurement).
Who is liable for damage to a car caused by strong wind when a tree or branch fell?
It depends on whether the damage was caused by neglected tree maintenance, in which case the owner is liable, or whether it was a true force majeure event such as a gale. If the tree was in poor condition or should have been felled, liability lies with the landowner. In the case of natural events, the damage is usually covered by comprehensive insurance.
My neighbour installed air conditioning on his house and the noise bothers us. Can we deal with it?
Air conditioning must not exceed hygienic noise limits. If it does, you can ask the public health authority to carry out a measurement. If the limit is exceeded, the neighbour is obliged to take technical measures (sound insulation, relocation). The last resort is an action to limit nuisances.
My neighbour is filming us with a camera. Is it legal and how can we defend ourselves?
A camera system is legal only if it monitors exclusively the owner’s own land or its immediate surroundings. Once the camera captures your land, terrace or entrance, it may constitute unlawful interference with privacy. You can request a remedy, file a complaint with the Office for Personal Data Protection and, in extreme cases, defend yourself by filing an action for protection of personality rights.
The flat has serious technical defects and the developer is not responding. What can I do?
The developer is liable for defects for 5 years in relation to building structures and for 2 years in relation to equipment. If the developer ignores the complaint, you may use an expert opinion, a pre-litigation notice and subsequently court proceedings. In the case of serious defects, withdrawal from the contract may also be claimed.
My son bought a motorcycle registered in my name, but he rides it and has not paid the fines. Am I responsible for those fines?
Yes, if the motorcycle is registered in your name as the operator, you are subject to the so-called objective liability of the vehicle operator. The fines will therefore be sent to you, even if you did not ride the motorcycle. The only exception is if you prove who actually drove it at the time of the offence.
My neighbour enters my land without agreement because he uses it as a shortcut. Is he allowed to do that?
No one may enter someone else’s land without the owner’s consent. The law allows exceptions only in entirely exceptional situations, such as an emergency. Repeated entries can be addressed by a written notice, administrative offence proceedings and, in extreme cases, an action for protection of ownership rights.
I have an old tree on my land and my neighbour wants me to cut it down. Do I have to?
The obligation to cut down a tree arises if it is dangerous, diseased or endangers property or health. If the tree is not in a state of emergency, the neighbour cannot unilaterally demand its removal. It is always advisable to take photo documentation and, where appropriate, obtain an expert assessment of the tree’s health.
Who is liable for damage caused by snow or ice falling from a roof?
The property owner is liable for damage caused by falling snow or ice if they neglected their duty of proper maintenance and prevention. During risk periods, the area must be secured, marked or the snow must be removed. If maintenance was proper and it was a natural event, insurance may cover the damage.
I moved out from a tenant, but his mail and notices still keep coming to me. Am I responsible for anything?
The mere fact that mail is delivered to your address does not mean that you are responsible for the contents of the delivered items. Do not accept the mail and notify the delivery service that the addressee has moved out. In the case of official mail, it is possible to state “addressee unknown”. Liability for the tenant’s financial debts does not pass to you as a result.
My grandmother left the house to my sister. Am I entitled to anything from the inheritance?
If a will was made in favour of your sister, its validity is decisive. If there are no defects in the will and your grandmother made it with full legal capacity and voluntarily, you usually have no claim to part of the inheritance. Exceptions may include contributions to the property, care for the deceased or legal defects of the will, such as suspicion of pressure.
A former tenant owes me money for services. Can I deduct it from the deposit?
You may deduct unpaid rent, service debts and damage to the flat from the deposit – but only in a documented amount. If the debt exceeds the refundable deposit, you can recover the remainder in the standard way, by pre-litigation notice, lawsuit and enforcement.
The landlord did not return my deposit because he claims I caused damage. What can I do?
The deposit may only be used for actual and provable damage. If the landlord does not prove the extent of the damage or its connection with your use of the flat, the deposit must be returned. It is recommended to document the condition of the flat when moving out. If no agreement is reached, a lawsuit may be filed.
My employer did not pay my salary on time. What can I do?
Salary must be paid no later than in the calendar month following the month in which the work was performed. If the employer does not pay, you can send a written demand for payment, contact the Labour Inspectorate and subsequently immediately terminate the employment relationship. This gives rise to a claim for wage compensation in the amount of average earnings.
I received a notice of termination and I disagree with it. Do I have a chance to defend myself?
If the termination notice is contrary to the Labour Code, for example due to an unclear reason, failure to comply with time limits or insufficient reasoning, you may file an action for invalidity of termination. During the proceedings, the employment relationship formally continues, and if you succeed, the employer is obliged to pay you wage compensation.
My employer wants me to sign an agreement on immediate termination. Do I have to?
You never have to sign an agreement. If you do not agree, the employment relationship continues. We recommend not signing documents under pressure or without an explanation of the reasons. An agreement is valid only if both parties truly understood and agreed to it.
I am subject to enforcement proceedings and I am worried that the enforcement officer will seize things that are not mine. How can I prevent this?
An enforcement officer may seize only the debtor’s property. If several people live in the flat and the items belong to someone else, these facts must be proven, for example by documents, receipts or witness statements. If the enforcement officer nevertheless lists the item, it is possible to file an application to exclude the item and, where necessary, a so-called exclusion action.
My former partner prevents me from seeing my child. What should I do?
Contact between a parent and a child is a fundamental part of parental responsibility. If the other parent prevents contact without reason, you may file an application for enforcement of the decision or an application to change the contact arrangements. Repeated prevention of contact may constitute an administrative offence or even the criminal offence of obstructing the enforcement of an official decision.
My grandmother wants to gift us a house but is afraid that my sister will challenge it in the inheritance proceedings. Is gifting safe?
Gifting real estate during one’s lifetime is a fully legitimate way of disposing of property. If the gift is made voluntarily and your grandmother has full legal capacity, it cannot automatically be challenged after her death. However, caution is needed in situations where the gift may have been made “under pressure”. In extreme cases, a right of lifelong use may be considered to protect the donor.
A debtor owes me money and claims that he is “in enforcement” and I will not recover anything from him. Is he right?
No. If the debtor has several enforcement proceedings, you may still join as another creditor. It may be true that the recovery rate is lower, but the claim is not waived. The creditor may also consider filing an insolvency petition if the debtor is long-term insolvent.
