How can you quickly evict someone from a property without going to court? One solution is a notarial deed with enforceability clause, which allows you to initiate foreclosure proceedings.
How a notarial deed works in practice
One way to achieve a faster eviction after the lease ends is to draft a so-called notarial deed with a declaration of enforceability pursuant to Section 71b of the Notarial Code.
Under this deed:
- the tenant undertakes to fulfill their obligation to vacate the leased property upon the termination of the lease; and
- the tenant consents to the issuance and enforcement of an order of eviction (foreclosure proceedings) pursuant to the deed if they fail to fulfill this obligation properly and in a timely manner.
Such a notarial deed has the nature of an enforcement title. It is therefore not necessary to seek eviction of the property through an eviction lawsuit.
The courts’ stance: formerly cautious, now clear
Previous Supreme Court case law was rather reserved regarding this solution. Currently, however, this approach is endorsed by the Supreme Court.
Therefore, the following applies:
- A notarial deed may bind the tenant to vacate the leased property upon the termination of the lease
- One prerequisite is the precise and definite specification of the date by which the tenant is obligated to vacate the leased property
- The obligation may be set to arise on the day on which the lease expires
- It is not necessary to provide a longer additional period after the lease’s termination
What to watch out for when drafting
A fundamental condition is the precise and definite specification of the time by which the tenant is obligated to vacate the leased property.
Tenant’s defenses
The tenant may defend themselves and seek a stay of enforcement if the entitled party (landlord) has no claim to the requested performance under substantive law.
How much does it cost
The costs of drafting this notarial deed range in the thousands of crowns.
Author: Ondřej Sehnal, Senior Associate, LYNX (Czech Republic)
Source:
Supreme Court resolution 4. 31 Cdo 225/2024 of 10 April 2024
Supreme Court resolution 10. 26 Cdo 1801/2025 of 14 October 2025
Supreme Court resolution 12. 26 Cdo 2740/2025 of 10 December 2025
