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A sublease agreement comes into play when a flat or room is not let by its owner, but by a tenant – someone who pays rent themselves and makes part of the space (or the entire flat) available to another person. It is most commonly encountered in shared accommodation, cooperative flats or temporary accommodation for work. We use it as part of our guaranteed rent service.
At first glance, a sublease may appear to be an ordinary lease. Legally, however, it is a fundamentally different relationship, with different rights, obligations and levels of protection.
| Lease | Sublease | |
| Contractual party | Property owner | Tenant |
| Owner's consent | Not required | Required |
| Termination without stating a reason | Not possible (landlord) | Possible |
| Permanent residence registration | Cannot be prohibited | With the owner's consent |
| End of the agreement | Independent relationship | Ends together with the lease |
Subletting is not an exception – it is a common situation that many people encounter without realising it.
Only one of the flatmates has signed the lease agreement. The others enter into a sublease agreement with them – for a room or part of the flat. This is typical for students or young people starting their first job.
A member of a housing cooperative does not technically own the flat, but rather a cooperative share. They occupy the flat under a lease from the cooperative. If they wish to make it available to a third party, it is always a sublease – and the conditions are set out in the cooperative's articles of association.
The tenant leaves for several months and makes the entire flat available to someone else. As they do not live in the flat themselves, they need the landlord's written consent (§ 2275). Subletting without consent constitutes a serious breach of the tenant's obligations (§ 2276).
Unlike a lease agreement, the law does not prescribe mandatory requirements for a sublease agreement. A written form is not mandatory, but we strongly recommend it.
The agreement should always include:
This is the question that causes the most confusion. The answer depends on one thing only: whether the tenant lives in the flat themselves.
The tenant occupies the flat → under the Civil Code, the owner's consent is not required. The tenant may sublet part of the flat without the landlord's knowledge.
The tenant does not live in the flat → the landlord's consent is required, and both the request and consent must be in writing; if the landlord remains silent for one month, consent is deemed to have been given, unless subletting has been prohibited by agreement (§ 2275). Subletting without consent is a serious breach of the tenant's obligations (§ 2276), for which the landlord may terminate the lease.
Cooperative flat → this depends on the cooperative's articles of association. Sometimes the right to sublet is expressly included in the articles of association; in other cases, the consent of the statutory body is required. Always review the articles of association before entering into the agreement.
Notice period for a sublease: unlike a lease, a sublease can be terminated without stating a reason. The law does not specify a special notice period for the sublease of a flat, so agree this expressly in the agreement. In any event, the sublease ends no later than the lease (§ 2277 and § 2278 of the Civil Code).
By law, a subtenant has considerably less protection than a tenant. Before signing the agreement, check the following.
Although the law does not require either the tenant or the owner to present the agreement, you have the right to request confirmation of its existence and term. A sublease automatically ends when the lease ends – and you will want to know how long your accommodation is, in theory, secured for.
By checking the Land Registry (katastr nemovitostí), you can verify that the flat genuinely belongs to the person presented to you as its owner. It takes five minutes and may prevent serious problems.
Sometimes, a landlord formally lets a flat to a relative, who then sublets it to a third party. The aim is to circumvent the tenant’s statutory rights. If you are offered a sublease agreement where you would expect a standard lease, be alert – and have the agreement checked.
Registering permanent residence at the address of a sublet flat always requires the property owner’s consent, regardless of what the sublease agreement states.
If you are on the other side of the arrangement – as a landlord or a tenant passing on part of the flat – you have several tools available to protect your property.
A standard safeguard against non-payment or damage to the flat. The law does not explicitly regulate it for subleases, but it can be agreed contractually and we recommend doing so.
Agree in advance who will insure the household and to what extent. Damage caused by a subtenant may not automatically be covered by the tenant’s insurance.
If you are concerned about future debts, a notarial deed allows a claim to be enforced without lengthy court proceedings. This is common practice among municipalities and towns letting municipal flats.
SUBLETTING AGREEMENT
Name:
Personal ID number:
ID card number:
Permanent address:
Contact address:
Telephone number:
Email:
(hereinafter referred to as the “tenant” on the one hand)
a
Name:
Personal ID number:
ID card number:
Permanent address:
Contact address:
Telephone number:
Email:
(hereinafter referred to as the “subtenant” on the other hand)
collectively referred to as the “contracting parties”
enter into the following sublease agreement for the subletting of a flat
I.
Subject of the sublease
II.
Term of the sublease
III.
Sublease rent and service charges associated with the sublease
IV.
Rights and obligations of the tenant
V.
Rights and obligations of the subtenant
VI.
Termination of the sublease
VII.
General provisions
In ……………... on ……………...
……………………… ………………………..
Tenant Subtenant
When does a tenant not need consent? If they permanently live in the flat themselves, they may sublet part of it without the landlord’s consent (§ 2274 of the Civil Code).
When is consent required? If the tenant does not permanently live in the flat, they may sublet the flat or part of it only with the landlord’s consent. Both the request and the consent must be in writing. If the landlord does not respond within one month, consent is deemed to have been given; this does not apply where a subletting ban has been agreed (§ 2275).
What happens if you sublet without consent? The law considers this a serious breach of the tenant’s obligations (§ 2276).
How long does a sublease last? A sublease ends no later than the lease. The tenant must inform the subtenant of the date on which the lease ends or, where applicable, the length and start of the notice period (§ 2277 and § 2278). The wording can be found in the Civil Code.
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