The accommodation of foreigners has rules that do not apply to Ukrainian refugees. What about the state money and the lease?

The obligations of the landlord towards foreigners are dealt with in Act No. 326/1999 Coll., On the stay of foreigners in the territory of the Czech Republic, according to which “landlord” any person who provides accommodation for a fee or welcomes more than 5 foreigners.

As owner, it is both the operator of the hotel and the usual owner of the apartment. The only exception is when foreigners and accommodation providers can be considered for loved ones. Accommodation then means a relationship established by an accommodation contract, a rental contract, a sublease contract or a contract of similar content.

Rental contract with a foreigner

When drawing up a rental agreement with a person who does not have Czech citizenship, it is necessary to adapt the required personal data. These people here they usually don’t have a birth number, it is therefore necessary to carry out identifications using the full name, date of birth and travel document number. However, if the foreigner has a visa for more than 90 days, he can apply for a birth number.

The contract itself is concluded as a “contract with an international element”, so it is appropriate to include in the contract a special provision stipulating that disputes arising from the lease will be resolved exclusively by the competent local authorities. Czech court and under Czech law. Thanks to this, the lessor avoids possible lawsuits before foreign jurisdictions. In the normal course of housing, you should also think about setting an appropriate deposit or taking out building or apartment insurance to avoid any additional expense.

In the case of proof of accommodation (confirmation) of accommodation with the application for long-term visas, long-term stays and permanent stays, the signature of the accommodation provider must be officially verified or the document must be signed in front of an agent employed by the Ministry of the Interior.

Notification to the police

The law stipulates the basic obligations of housing providers, which they must observe or face a fine of 50,000 CZK. “The first and most basic obligation arising from renting accommodation to foreigners is to report the activities to the police. You must make the notification within 3 working days of the start of the residence and it can be submitted via application forms in writing or electronically via an internet application – this must be used if you have a dwelling registered as an object of professional activity, » describes Tomáš Smolík from the legal protection insurance company DAS.

At the same time, the landlord is obliged to issue confirmation of accommodation abroad at his request, which contains the name, surname, exact address of the apartment and time of accommodation. It is also necessary for him to communicate with the police throughout the service, if he so requests, and to give them access at any time to the premises that he rents to foreigners.

House book keeping

Aliens Residence Act, in particular § 100 letter f) stipulates that “the owner is obliged to keep a logbook and to present it for inspection at the request of the police; at the start of the inspection, he is required to present a house book containing data on the foreigners housed at that time”. The logbook is a document in which you must indicate in particular the surname and first name of the tenant, date of birth, nationality, travel document number and period of accommodation specified in the rental agreement. The residence booklet must then be kept for another 6 years from the last entry and the owner must be able to provide it to the police at any time.

The house booklet can also be kept in the form of a chronologically, clearly and comprehensibly arranged set of documents, which the foreigner has personally signed as part of the report of the place of residence with the owner. It is therefore possible that the foreigner does not have to complete only the registration form with the owner, which can be replaced by a similar document containing the same information. This gives owners the flexibility to use their own “forms” as long as they contain the necessary information and are signed by a stranger. The house book will also be a set of these documents printed and signed by strangers. This measure should in particular make it possible to simplify the registrations, which the hosts are required to direct, without prejudice to the possibility of adequate control of compliance with their obligations. The house book must be kept for 6 years from the last entry.

The tenant must announce the termination of the lease

In addition to the requirements specified in the tenancy agreement, the hosted foreigner is also required to declare the end of the tenancy. This must be done in person at the Department for Asylum and Migration Policy of the Ministry of Interior. After handing over the apartment, he must additionally inform the police that he will not be staying at the given address. At the end of the contract, this obligation does not expire, and if the foreigner does not leave the apartment himself or fails to do so, it is necessary to submit a proposal by which the landlord will cancel the information on the declared place of residence. “This obligation does not expire upon termination of the lease agreement and it is therefore in the landlord’s interest that the matter be resolved in a timely manner”, advises Tomáš Smolik.

Specifics of accommodation for Ukrainian refugees

According to the Interior Ministry, nearly 240,000 Ukrainian refugees have already arrived in the Czech Republic, and many of them have to rely on rentals provided by ordinary residents due to the full capacity of accommodation. The accommodation of foreigners is generally enshrined in legislation by means of Act No. 326/1999 Coll., Resp. Law No. 221/2003 Coll., on the temporary protection of foreigners, but in the case of Ukrainian refugees, it is necessary to take into account some specifics set by the government to stabilize the current situation in the country.

Offers of accommodation are bundled on several platforms such as Help Ukraine, Refugees Welcome or through the Administration of Refugee Settlements, or the Our Ukrainians website, which usually also coordinate other forms of assistance. “The special regime was established by Act No. 65/2022 Coll., concerning certain measures in connection with the conflict on the territory of Ukraine caused by the invasion of the troops of the Russian Federation, which, among other things, was granted the possibility of temporary protection, that is, a residence permit in the Czech Republic, ” adds Smolik.

Solidarity allowance for households

Another special law No. 66/2022 Coll., On measures in the field of employment and social security in connection with the armed conflict on the territory of Ukraine caused by the invasion of Russian troops of Russia, regulates in its § 8 “solidarity household allowance”. It will be granted to those who provide free accommodation to foreigners benefiting from temporary protection, to cover the costs related to this accommodation.

“In the case of individuals, the government has approved a contribution of 3,000 crowns per month for an accommodated person, while the total amount for a household must not exceed 12,000 crowns. Accommodation must be provided for a minimum of 16 consecutive days and the contribution will be paid from March to June.The government regulation was published in the Collection of Laws at the end of March under No. 73/2022 Coll.,” explains Tomáš Smolík.

According to the Ministry of Finance, this solidarity contribution should be exempt from tax. And as the Ministry of Labor and Social Affairs directly stated on its website, in the case of accommodation of refugees from Ukraine it is not directly necessary to draw up a lease contract, it is enough to mention the identification of the people accommodated in the request for allowance to check the legitimacy of the payment of the allowance. If you still opt for a rental or sublease contract (in the case of the supply of all or part of the apartment), it is necessary to set a monthly fee of 0 CZK, since the contribution only concerns the free accommodation provided.

Sources: Ministry of Finance, Ministry of Labor and Social Affairs, DAS legal protection insurance

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