Subletting an apartment: when a tenant can pass the flat on
Subletting an apartment requires the landlord’s consent. Without it, the tenant cannot sublet the unit or let anyone else use it free of charge. It makes no difference whether this is the whole apartment or a single room. This is how it looks from the point of view of an owner who finds a stranger in their unit or comes across a listing offering their apartment for short-term stays (not a pleasant discovery, to put it mildly). Below I go through what the law says, which situations it covers, how to respond and what to add to the lease.
Does subletting an apartment require the owner’s consent?
Yes. Without the landlord’s consent, the tenant cannot sublet the unit or hand it over for free use. This is set out in Article 688² of the Polish Civil Code, which you can find in the current text of the Civil Code. There is one exception. Consent is not required if the unit is occupied by people the tenant is legally obliged to support, for example their children. This is where it helps to tell two concepts apart. Subletting means making the unit or part of it available to another person for payment. Handing it over for free use, known as lending for use, is when someone lives there and pays nothing.
Subletting the whole unit, a room or for short stays: how do these differ?
The law does not look at scale at all. The owner’s consent to subletting is needed both for the whole apartment and for a single room. In practice, four scenarios come up most often:
- subletting the whole unit: the tenant moves out and someone else moves in and pays the tenant;
- subletting a room by a tenant who still lives in the rest of the unit;
- short-term rentals through booking platforms, meaning guests staying by the night;
- friends or extended family living there for longer, free of charge, who are not among the people entitled to maintenance.
Guests dropping by now and then? That is not handing the unit over for use. Borderline cases are trickier, such as a partner who moves in bit by bit (first a toothbrush, then half the wardrobe). Situations like that are best discussed with a lawyer. And if you are still deciding which rental model suits you, take a look at this comparison: short-term or long-term rental.
Subletting without the landlord’s consent: what can the owner do?
First, you document the situation and write to the tenant. What happens next depends on the lease and the circumstances. In my view, this order works best:
- Gather evidence: a screenshot of the listing, photos, correspondence with the tenant or the neighbours.
- Talk and send a letter: call on the tenant to stop subletting or to explain the situation, and point to a specific clause of the lease.
- Make a decision: you can accept the situation on set terms, sign an annex or end the tenancy.
Want to terminate the lease? Before you send anything, check the notice periods and required form. One formal mistake and the whole procedure goes in the bin. If it turns into a dispute or the tenant simply goes silent, discuss the next steps with a lawyer.
No-subletting clause in a lease: sample wording
A solid lease clearly covers three things: subletting, lending for free use and short-term rental. On top of that, any consent must be given in writing only. The clauses below show the direction, they are not a ready-made template to copy:
- “The Tenant may not sublet the unit or any part of it, or hand them over for free use to third parties, without the Landlord’s written consent.”
- “The Tenant may not make the unit available for short-term rental, including nightly stays.”
- “The Landlord consents to the subletting of one room to a person named in full; the Tenant shall inform the Landlord of any change of that person.”
Such provisions still need to be tailored to the specific lease, ideally together with a lawyer. Renting under an occasional lease (najem okazjonalny)? You will also find useful occasional lease safeguards in practice.
How to reduce the risk of subletting before it happens
It all comes down to three things: screening the tenant, a precise lease and regular contact with the unit. A thorough tenant check before signing helps filter out people who are looking for an apartment mainly to rent it out again. A lease with a clear ban and a described consent procedure makes it easier to respond. And periodic visits, agreed with the tenant, quickly show that something has changed. Then there is keeping your paperwork in order. Tenanto keeps annexes and handover reports in one place, and lease and unit statuses plus a reminder about an expiring lease help you keep track of who occupies the apartment and on what terms.
Subletting an apartment does not have to mean trouble. All it takes is agreeing from the start when and on what terms it is allowed, and putting every consent in writing. You will find more practical tips in the advice for apartment landlords section.
Frequently asked questions
No. The rule also covers part of the unit, so subletting a single room also requires the landlord’s consent. The exception is people the tenant is legally obliged to support, for example their children. The owner’s consent is not required for them to live there.
I recommend written form or an annex. That makes it easy to prove that consent was given at all and what it covered. The document should name the person, the part of the unit and how long the sublet lasts. Unsure about the form? Consult a lawyer.
Making the unit available to third parties for payment, including for short stays, requires the landlord’s consent. The safest approach is to settle this directly in the lease: either ban nightly rentals or describe the terms on which they are allowed.
