Subletting a flat: when you need the landlord's consent and how to ask for it
Subletting part of a flat you live in, subletting the whole flat only with consent, a written request and the landlord's silence after one month, the consequences of subletting without consent, and what to watch out for as a subtenant.
Going abroad for six months and want to let the flat to someone in the meantime? Or you have a spare room and a flatmate would help with the rent? Both are possible, but the rules differ depending on whether you live in the flat yourself.
1. Subletting, or a member of your household?
A tenant may accept anyone into their household. However, an increase in the number of people living in the flat must be reported to the landlord without undue delay; if the tenant fails to do so within two months, they are presumed to have seriously breached their duty (Section 2272(1) of the Civil Code, Act No. 89/2012 Coll.). Subletting is different: you let a third person use the flat or part of it, usually for payment, under a sublease agreement.
2. You live in the flat: part of it without consent
If you live in the flat permanently yourself, you may sublet part of it (a room, for example) even without the landlord's consent (Section 2274 OZ). Here too, though, you must tell the landlord that more people now live in the flat (Section 2274 OZ together with Section 2272 OZ). You cannot sublet the whole flat this way.
3. You don't live in the flat: only with consent
- If you do not live in the flat permanently, you may sublet the flat or part of it only with the landlord's consent (Section 2275(1) OZ).
- Both the request for consent and the consent itself must be in writing (Section 2275(2) OZ). State to whom, which part of the flat and for how long you want to sublet.
- If the landlord does not respond within one month, consent is deemed given, unless the contract prohibits subletting (Section 2275(2) OZ).
- So send the request in a way that proves when the landlord received it: registered post with advice of delivery, a data box, or e-mail with confirmation.
4. Subletting without consent
If a tenant sublets the flat or part of it contrary to these rules, it is a gross breach of their duty (Section 2276 OZ). The landlord may then terminate the lease with a three-month notice period (Section 2288(1) OZ, letter (a)).
5. Are you a subtenant? What to watch out for
- A sublease ends no later than the lease (Section 2278 OZ). When the lease is ending, the tenant must tell you, including the key facts, in particular the date the lease ends (Section 2277 OZ).
- If the tenant does not live in the flat, ask for a copy of the landlord's written consent.
- Sign a written sublease agreement: who the tenant is, which part of the flat, the price, service advances, and the length of the sublease.
- Pay by transfer and keep the receipts, just as with an ordinary lease.
