Lease takeover by a new tenant: how to do it safely
A lease takeover by a new tenant needs the landlord’s consent: a tenant cannot hand the lease over to someone else on their own decision. There are two ways to do it: a three-party agreement, or ending the current lease and signing a new one. In March 2026 the topic comes up more often, because spring brings more job changes and moves, and a departing tenant is happy to suggest that a friend will take over the contract. Below you will find a comparison of both options, the difference from subletting and a checklist for the landlord.
Can a tenant hand the flat over to a friend on their own?
No. Without the landlord’s consent, a change of tenant during the lease is not effective. The Civil Code does not directly regulate the takeover of an entire contract, so the basis for such an operation is the freedom of contract from Art. 3531 (you can find its wording in the consolidated text of the Civil Code). The parties may shape their legal relationship as they see fit. But they have to do it together.
A cautious analogy to Art. 519 par. 2 item 2 helps here: under that provision, a third party can take over a debt only with the creditor’s consent. This is just a comparison, not a provision on leases. The logic is the same, though: nobody can force a new debtor on the other party. There is also Art. 6882, which states that without the landlord’s consent the tenant may not give the premises away for free use or sublet them.
What does this mean in practice? When a tenant wants to hand the flat over to a friend, the owner has the right to check the candidate just like any person answering a listing. They can ask for the same information and have a conversation. And refuse if something raises doubts.
Lease assignment or a new lease: comparing the two options
A three-party agreement keeps the existing lease running without a break. Ending it and signing a new one, in turn, gives you a clean settlement with the previous tenant. What people commonly call a “lease assignment” is the first option: the terms stay the same and only the person on the tenant’s side changes. The second means more paperwork, but it closes all matters with the departing tenant before the new relationship begins.
Where do the differences show? In four areas:
- Deposit - it goes back to the old tenant and the incoming one pays a new one, or it is transferred with the consent of all three parties.
- Handover report - in both options it is drawn up on the day of the change, together with the meter readings.
- Arrears - the agreement has to state who covers them; with a new lease, the departing tenant settles them before it is signed.
- Damage from before the change - Art. 675 par. 1 obliges the tenant to return the property in a condition that has not deteriorated, so the document should clearly say who is liable for earlier damage.
Going for the second path? Then you start with step one, which is ending the lease by mutual agreement, with a date that matches the handover of the premises to the successor. Also check whether an early move-out triggers a contractual penalty in the lease, and decide whether you waive it. Oh, and the Polish occasional lease (najem okazjonalny): here a new person means a new lease and new documents, and the details are best worked out with a lawyer.
How does a lease takeover differ from subletting?
With subletting, the current tenant remains a party to the lease and is liable to the owner. With a takeover, they leave it and a new person takes their place. For the landlord this is a fundamental difference: in the first case you still claim rent and compensation for damage from the original tenant, in the second only from the person who entered the contract. So before you agree, find out which option the departing tenant actually means. Because they do not always know it themselves.
What should a three-party agreement include?
The agreement has to settle five things: the date of the change, the deposit, the condition of the premises, arrears and liability for damage. The more precisely it describes each of these points, the less room there is for a dispute after the current tenant moves out. The document should include:
- the takeover date from which the new tenant pays rent and charges,
- arrangements for the deposit: a refund and a new payment, or a transfer,
- a reference to the handover report and meter readings from the takeover date,
- how arrears that arose earlier will be settled,
- a statement of who is liable for damage from before the takeover.
All of it in writing. And with the signatures of all three parties, because if any one is missing, the arrangements lose their point. I recommend consulting a lawyer on the wording, especially when the original lease contains unusual clauses.
Landlord’s checklist before a change of tenant
A safe change of tenant comes down to a few steps, as long as they are done before the keys go to the new person. The order matters. Each stage closes off a risk that is hard to fix later.
- Screen the candidate the way you would any new tenant.
- Choose the path: a three-party agreement or a new lease.
- Settle arrears with the departing tenant.
- Inspect the premises and draw up a handover report with meter readings.
- Decide what happens with the deposit.
- Sign the documents with everyone involved.
- Hand over the keys.
With a well-planned schedule, a tenant change with no gap in income from the property is possible. In Tenanto, the lease status and the history of communication with the previous tenant stay in the database, and the signed agreement and handover report can be stored in documents.
A lease takeover is convenient for everyone. On two conditions: the owner’s consent and written form. The tenant’s proposal is only the start of a conversation, not a done deal. And in borderline cases (a dispute over old damage, an unusual type of lease) you ask a lawyer first and sign anything afterwards.
Frequently asked questions
No, consent is voluntary. The landlord can check the candidate against the same criteria they apply to other interested people, and refuse. What then? The existing lease continues on unchanged terms.
There are two options: a refund to the departing tenant and a new payment from the successor, or a transfer of the security with the consent of the three parties. The chosen option has to be written into the agreement. Otherwise it will not be clear who the owner should return the money to when the lease ends.
The wording of the agreement and the handover report from the day of the change decide. Without these documents it is hard to show when the damage happened, and the dispute becomes awkward to resolve. Not sure? Ask a lawyer before you sign.
