Can You Sublet a Flat Rented Under an Occasional Lease in Poland?

Yes, but only with the landlord's consent. The Civil Code prohibits a tenant from subletting a flat without the owner's consent, and under an occasional lease (najem okazjonalny), subletting without written consent gives the owner grounds to terminate the agreement. This applies both to the whole flat and to a single room, including short-term lets.

What the law says

The general rule in Art. 668 § 1 of the Civil Code (Kodeks cywilny, consolidated text Dz.U. z 2026 r. poz. 795) allows a tenant to sublet a thing unless the agreement prohibits it. For residential premises, however, a special provision applies – Art. 688² of the Civil Code: without the landlord's consent, the tenant may not let the flat or part of it for free use or sublet it. Consent is not required only in respect of a person to whom the tenant owes a maintenance obligation, such as a child.

The Act on the Protection of Tenants' Rights, Municipal Housing Stock and Amendment of the Civil Code (ustawa o ochronie praw lokatorów, mieszkaniowym zasobie gminy i o zmianie Kodeksu cywilnego, consolidated text Dz.U. z 2023 r. poz. 725), in Art. 19e, excludes most of its provisions from applying to an occasional lease, but keeps Art. 11(2)(3). Under that provision, the owner may terminate the agreement with one month's notice, effective at the end of a calendar month, if the occupant has let, sublet or lent the flat or part of it for free use without the owner's required written consent. Verbal consent is therefore risky for both parties.

Subletting, lending, joint tenancy – what's the difference

If two of you want to live together, it is usually better to conclude an agreement with two tenants from the outset rather than sublet. We describe this in our article on how to conclude an occasional lease for two people.

Consequences of subletting without consent

• Termination of the agreement with one month's notice, effective at the end of a calendar month (Art. 11(2)(3) in conjunction with Art. 19e of the Act).
• Fast eviction. Once the agreement has ended, the owner serves a demand to vacate the flat with a deadline of at least 7 days, then applies to the court for an enforcement clause to be attached to the notarial deed in which the tenant submitted to enforcement (Art. 19d). An enforceable title ordering the flat to be vacated allows enforcement not only against the tenant but also against members of their household and other persons deriving their rights from the tenant (Art. 791 § 2 of the Code of Civil Procedure (Kodeks postępowania cywilnego)).
• Liability for damage. Both the tenant and the subtenant are responsible to the landlord for the flat being used in line with the agreement (Art. 668 § 1 of the Civil Code), and when the lease ends both must return the flat in an undeteriorated condition (Art. 675 § 2 of the Civil Code).
• A problem for the subtenant. A sublease ends at the latest when the main lease ends (Art. 668 § 2 of the Civil Code). Someone subletting a room may therefore lose the flat together with the tenant, regardless of how long a term they signed for.

Why owners are particularly cautious with an occasional lease

An occasional lease rests on three attachments: the tenant's notarial statement of submission to enforcement, the address of another property where the tenant will live in the event of eviction, and a statement by the owner of that property consenting to the tenant and the people living with them moving in there (Art. 19a(2)). The market calls this last statement (oświadczenie właściciela) a "guarantee" (poręczenie) or an "address for the occasional lease".

A subtenant has not made a notarial statement and is not always covered by the consent of the owner of the property named for the event of eviction. For the landlord this means extra uncertainty when recovering the flat, which is why many owners expressly rule out subletting in the agreement or allow it only to a limited extent.

How to sublet a flat or room legally – checklist

1. Check that the lease agreement does not expressly prohibit subletting.
2. Obtain the owner's written consent, stating who it covers (or what category of people), which part of the flat, for what period and whether it includes short-term letting.
3. Conclude a written agreement with the subtenant, stating that it ends at the latest when your lease ends.
4. Agree with the subtenant rules for using the flat that are consistent with your agreement, because you are answerable to the owner for their conduct.
5. Remember the tax: income from subletting is the tenant's income. We describe how rental income is taxed in our article what taxes landlords pay.
6. If the subtenant is to live with you permanently, consider an annex to the agreement adding them as a co-tenant instead of a sublease – amendments to an occasional lease agreement must be made in writing (Art. 19a(6)).

Tips for landlords

As the owner, you can expressly prohibit subletting in the occasional lease agreement or allow it on specific terms, for example only for one room and once the subtenant's details have been provided. Written consent should be precise – a vague "I consent to subletting" will later make it harder to show that a particular use of the flat went beyond what was consented to. If you are drafting an agreement from scratch, also check when an occasional lease agreement may turn out to be invalid.

A tenant who is still putting together the documents for the agreement and has no address in case of eviction can order a statement by the owner of another property. It is then worth making sure it covers everyone who will actually live in the flat.

Frequently asked questions