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Cancellation of permanent residence of a third party

If you are in a situation where a third party no longer lives in your property, for example after concluding a lease termination agreement, but still has a reported place of residence there, pay attention to the following text for a moment.

A classic example may be a situation where you, as a landlord, enter into a lease contract with a third party who then reports a change of permanent residence to the address of your property. After a few years, you conclude a lease termination agreement, however, afterwards, the third party does not report a change of residence.

In such a case, a proposal to cancel the address of the place of permanent residence is offered as a possible solution. This proposal is submitted by the owner of the property at the registration office in the place of permanent residence of the citizen, to whom the information on the place of permanent residence is to be cancelled, ie. at the municipal office, or at the offices of city districts.

The legal regulation of the cancellation can be found in § 12 of the Act No. 133/2000 Coll., on population records. Specifically, in the first paragraph, letter c) of this provision it is stated that if the citizen’s right to use the object or a defined part of the object whose address is listed in the population records as the citizen’s place of permanent residence has expired and the citizen does not use this object or its defined part, the registration office cancels the permanent residence. In other words, in order to cancel the address of the place of permanent residence, it is necessary to meet two conditions. The person must not have the right to use the property, ie. if we follow the example above, it must not have a lease contract to the property, and at the same time the person must no longer use the property. The proposal itself is typically available on the websites of municipal authorities, in form, together with advice on its content.

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This issue is dealt with by JUDr. Iva Repa Kremplová, write us a message and we will get back to you.

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