Can You Sublet a Flat Rented Under an Occasional Lease in Poland?
  • FAQ and additional materials

06.11.2026

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

A room for a friend, short-term lets, a partner under the same roof – when you need the owner's consent under an occasional lease and what you risk by subletting without it.

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

SituationWhat it involvesIs the owner's consent needed?
SublettingThe tenant lets the flat or a room to someone else for paymentYes, preferably in writing
Short-term letting (e.g. via platforms)Making the flat available to guests for payment by the nightYes – this is also subletting
Lending (użyczenie)The tenant lets someone use the flat or part of it free of chargeYes, except for people to whom they owe a maintenance obligation
Joint tenancyBoth people are parties to the lease agreement with the ownerRequires all tenants to sign the agreement

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

Can I let one room in a flat I rent under an occasional lease?

Only with the landlord's consent. Art. 688² of the Civil Code also covers subletting part of a flat, and the lack of written consent allows the owner to terminate the agreement.

Is short-term letting through booking platforms subletting?

Yes. Making the flat available to other people for payment is subletting, so it requires the owner's consent. If the agreement does not provide for it, do not assume that short-term letting is allowed.

Can my partner move in with me without the owner's consent?

Living together with the tenant is not the same as subletting, but the line between that and "letting part of the flat for free use" can be disputed. So it is worth informing the owner and getting their consent in writing, especially as adults permanently living with the tenant are jointly and severally liable for rent and charges for the period they live there (Art. 688¹ of the Civil Code). The clearest solution is to add that person to the agreement.

Does consent to subletting have to be given before a notary?

No. Written form is enough. A notary is needed for the tenant's statement of submission to enforcement, not for consent to subletting.

What happens to the subtenant when my agreement ends?

The sublease ends at the latest when the lease ends (Art. 668 § 2 of the Civil Code), and the subtenant must also return the flat. They cannot rely, against the owner, on a longer term written into their agreement with the tenant.

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