Sublease
An arrangement in which a tenant, with the landlord's consent, rents out all or part of the leased property to a third party — the subtenant — while remaining bound by the original lease toward the landlord.
Сфера дії: Польща.
Визначення
Sublease (podnajem) is governed by Article 668 of the Civil Code. Without a contrary agreement, a tenant may sublet or lend the property to a third party only with the landlord's consent — for residential leases under the Tenant Protection Act, subletting or lending part of the property without such consent is itself grounds for the landlord to terminate the head lease.
The original tenant remains fully liable to the landlord under the head lease regardless of the sublease — the landlord has no direct legal relationship with the subtenant, and the subtenant's rights exist only through the sublease agreement made with the tenant.
A sublease automatically ends, at the latest, when the head lease it depends on ends — a subtenant cannot hold rights to the property beyond what the original tenant was entitled to grant.
Приклади
A tenant renting a two-bedroom flat gets the landlord's written consent to sublet the second room to a friend for the remaining months of the lease.
A tenant sublets the whole flat without asking the landlord first — the landlord discovers this and terminates the head lease, citing the unauthorized sublease as grounds.
When the original tenant's lease ends, the subtenant's right to occupy the room ends with it, regardless of what the tenant and subtenant had separately agreed between themselves.
Як це впливає на купівлю та продаж
Tenants considering a sublease should get the landlord's consent in writing before doing so — an unauthorized sublease is one of the few grounds that lets a landlord terminate a residential lease outright. Subtenants should understand their position is only as secure as the original tenant's lease, and ends automatically if that lease ends for any reason.
