Renting an apartment vs. subletting in 2026: what’s the difference?

Quick summary

• The lease of an apartment is concluded by the owner of the apartment directly with the tenant.
• A sublease is between the tenant and the subtenant.
• The sublet is dependent on the lease – if the lease ends, so does the sublet.
• The landlord’s consent is not always needed, but is often required by law or the lease itself.
• The sublease agreement should clearly address rent, utilities, duration, security deposit, amenities and termination options.

Not sure if you are signing a lease or a sublease? Have an attorney review it before signing.

Apartment lease, apartment sublease and their differences

Renting and subletting an apartment may not be that different in practice, but where they differ is in the legalities and also in the way problems can be dealt with. The main differences are:

Type of contract

The lease of an apartment is concluded by a lease contract directly between the owner of the apartment (landlord) and the tenant. The relationship between the tenant and the landlord is regulated by the Civil Code and provides the tenant with considerable protection. A fixed-term tenancy agreement can only be terminated in special cases where the circumstances on which the agreement was based have changed substantially and the tenant cannot fairly be required to continue the tenancy. In the case of a sublease, termination is generally simpler, but the statutory rules or the agreement of the parties will also apply.

On the other hand, the sublease agreement is concluded by the tenant with a third party (the subtenant). Today, subletting is explicitly regulated in the Civil Code. The law sets out the rules for its creation, obligations and the landlord’s consent. Termination of a sublease is possible, but subject to legal rules or the agreement of the parties, so it is not a completely arbitrary termination without cause.

Recently, the popularity of tenancies without a deposit and without estate agents has been increasing. We have discussed this issue in a separate article.

To protect

The landlord must ensure that the tenant is able to occupy the property before moving in. This means it must be clean and in good condition. The landlord also has a duty to provide essential services such as water, heat, electricity etc. The landlord can only increase the rent to match the price of similar rentals on the market and by a maximum of 20% every three years. The tenant may run a business or keep animals in the flat as long as this does not unduly disturb the other occupants of the building and does not breach the law or the contract. The landlord may apply restrictions in justified cases. The landlord is also obliged to arrange certain repairs.

This protection does not apply to subtenants, but this does not mean that they are completely without protection. However, the main problematic point is that the sublease agreement is dependent on the lease agreement, so if the lease agreement is terminated, for example, the sublease agreement is automatically terminated.

Subletting and renting in examples

The owner of an apartment is Mr Novák, who rents it to Mr Bílý. Mr White becomes a tenant in Mr Novak’s flat. However, Mr White also wishes to sublet the flat to Mr Cerny.

In practice, this means that if Mr. Bílý receives a notice of termination of the lease (or resignation from the lease) from Mr. Novák and has to move out at the end of the year, Mr. Černý will also pack. The sublease is dependent on the apartment lease.

The list of differences does not end there. The position of a subtenant is much weaker than that of a tenant. There are opinions that in a sublease agreement it is possible, for example, to prohibit business in the apartment or the presence of animals, which is not possible in a lease agreement.

It is also often interpreted that a sublease can be terminated without giving reasons, unless the parties agree otherwise. This is a fundamental difference from a lease, which can only be terminated against the tenant’s will for legal reasons or for reasons agreed in the lease.

Thus, in our legal practice, we sometimes encounter tactics where one person formally leases an apartment to a relative, who then sublets the apartment to a third party. The purpose is precisely to limit the rights of the “subtenant”. However, this cannot be recommended as it may be a way of circumventing the law.

Example from our law practice

Mrs Kvapilova contacted us when she was living in a sublet and the tenant told her that she had to move out within two weeks. He claimed that the landlord had terminated his lease and that this automatically ended her sublet. The client had paid a security deposit, had arranged to live there for a full year and the sublet agreement was not clear about the conditions under which the relationship could end.

We first requested the sublet agreement, communications with the tenant, and available information about the tenancy agreement between the tenant and the landlord. We then considered whether the sublease was validly negotiated, whether the tenant had the necessary consent from the owner, and what claims the client could bring against the tenant. At the same time, we prepared a demand for the return of the security deposit and for reimbursement of part of the costs she had incurred due to the abrupt termination of the accommodation.

As a result, the matter was resolved by agreement without court proceedings. The tenant returned the deposit to the client and paid part of the costs associated with the quick move.

Attention to the consent of the landlord

As a general rule, a tenant should have the consent of the landlord, i.e. the owner of the flat, to sublet the flat. However, consent is not required if the tenant permanently lives in the apartment and unless the parties have expressly agreed in the lease that consent is required. Moreover, practical experience shows that lease agreements often contain a clause that prohibits the tenant from subletting the apartment without the owner’s consent. Even if the landlord agrees to sublet his apartment, he may condition the subletting further – for example, by increasing the tenant’s rent or fees associated with the use of the apartment.

Thus, if Mr. Bílý leases a three-room apartment from Mr. Novák and wishes to sublet one room to Mr. Černý, with both men continuing to live together in the apartment, Mr. Bílý does not need Mr. Novák’s consent as the owner of the apartment. Mr White would have to have consent if he did not live in the flat permanently himself or if this was expressly stated in the lease.

As a prospective subtenant, you should be interested in obtaining the owner’s consent and in his person in general. Although you and the tenant may be friends or even related and moving into a shared accommodation together, you will want to see the tenancy agreement. Although neither the tenant nor the landlord is legally obliged to show you the tenancy agreement, it is advisable to at least ask for confirmation of its existence, including information about its duration. This is, after all, an important factor in deciding whether to enter into a sublet agreement. As we said above, the sublet falls at the same time as the lease, so you will probably want to know until when you can theoretically occupy the flat. It also won’t hurt to check the Land Registry to make sure that the apartment actually belongs to the person who has been introduced to you as the owner.

Form and time limit for granting consent

The tenant’s request for consent to sublet the apartment, as well as the landlord’s consent itself, must be made in writing. The landlord must respond in writing within one month of receiving the tenant’s written request as to whether to grant consent. If the landlord does not respond to the request within this period, he is deemed to have consented to the subletting of the flat.

The tenancy agreement may also contain a complete prohibition on subletting. In such a case, this excludes this possibility in advance and the landlord does not even have to respond to the tenant’s request.

Penalties for breach

If the tenant sublets the apartment without the owner’s consent or does so despite the prohibition in the lease, he or she is in gross breach of his or her obligations. The penalty may be termination of the lease and the tenant must move out within three months.

What a sublease agreement should look like

We have already mentioned that the sublease agreement does not have a statutory form. However, it is a good idea not to underestimate it and to write down everything important in it. At a minimum, it should contain the following information:

• Identification of the parties: the full name, addresses and contact details of the tenant and the subtenant.
• Further definition of the subject of the sublease: Specification of the parts of the property that are subject to the sublease (e.g. designated rooms in the apartment).
• Amount of rent and method of payment: Specification of the monthly rent and method of payment (e.g. by bank transfer by a certain date each month).
• Utilities: Specification of whether the rent includes utility expenses (such as utilities, water, maintenance of common areas, internet, etc.).
• Duration of the sublease and renewal options: Specification of the period for which the sublease is agreed (e.g. one year) and the conditions for renewal of the agreement (e.g. automatic renewal under the same conditions if not terminated in time by the contracting party).
• Obligations of the tenant and the subtenant: Indication of the obligations of both parties, including the tenant (e.g. the obligation to keep the apartment clean and to take care of minor improvements) and the subtenant (e.g. the obligation to use the rented space in a proper manner).
• List of furnishings: a detailed description of the furnishings included in the sublet (e.g. furniture and electronics).
• Security Deposit: Specifying the amount of the security deposit that the subtenant must pay to the tenant as a guarantee that the terms of the agreement will be complied with and that the subleased space will be delivered in good condition. Information should not be missing on the conditions for the return of the security deposit at the end of the sublease (e.g. after checking the condition of the apartment and furnishings).

Don’t rely on the model sublease agreements that you can find for free on the internet and instead have an Affordable Solicitor draw it up. You will avoid mistakes and be sure that the contract is really valid.

Summary

Renting and subletting an apartment may be similar in practice, but legally they are different relationships. In the case of a lease, the contract is concluded directly between the owner of the flat and the tenant, who has stronger legal protection. In the case of subletting, the tenant enters into a contract with the subtenant, so that the subtenant derives its right to live from the tenant.

The biggest risk of subletting is its dependence on the tenancy. If the tenancy ends, so can the sublet. It is therefore important to check that the tenant has the landlord’s consent to sublet, that the lease does not prohibit subletting and how long the whole relationship is agreed for.

The sublease agreement should clearly address the amount of payments, utilities, security deposit, duration, amenities and termination rules. It is these details that often determine whether disputes over eviction, return of the security deposit or utility arrears can be avoided later.