Can you sublease a flat rented under a Najem Okazjonalny agreement

Can you sublease a flat rented under a Najem Okazjonalny agreement

A Najem Okazjonalny lease in Poland is a special, notarised form that includes an address guarantor statement. It offers the landlord stronger legal protection than a standard lease. Tenants often ask: can you sublet all or part of such a flat? The answer depends on your contract and Polish law.

What is subletting

Subletting means the tenant gives part or all of the flat to another person for payment. For example, a student renting under Najem Okazjonalny wants to rent one room to another student. It may seem convenient, but it’s not always legal.

Legal rules in Poland

Polish law clearly states that a tenant may not sublet without the landlord’s consent. This applies to both a regular lease (Umowa Najmu) and Najem Okazjonalny. If your lease does not explicitly allow subletting, doing so breaches the contract.

Why restrictions are tighter with Najem Okazjonalny

• Notarial form. Breaches can lead to swift termination and eviction.
• Address guarantor. The document names the tenant’s move-out address, not third parties, creating a legal issue.
• Stronger landlord protection. Najem Okazjonalny was designed to minimise owner risk, including illegal subletting.

Possible consequences of illegal subletting

1. Lease termination. The landlord may immediately terminate a Najem Okazjonalny lease.
2. Loss of deposit. The security deposit may be withheld.
3. Financial liability. The tenant may have to cover damages caused by the subtenant.
4. Expedited eviction. The notarial framework enables a faster eviction process.

When subletting is possible

Despite strict rules, subletting is possible when:

• The lease includes the landlord’s explicit consent to subletting.
• An addendum is signed that regulates the handover to third parties.
• The landlord is formally notified and does not object to the additional occupant.

Benefits of subletting (with consent)

• Lower costs. The tenant can share rent.
• Flexibility. Option to pass the flat on temporarily while away.
• Transparency. With consent, all parties have clearer legal protection.

Risks for the landlord

• Unknown people in the property.
• Higher risk of damage.
• Harder to control payments and obligations.

How to do subletting properly

1. Obtain the landlord’s written consent.
2. Sign a separate sublease agreement with the subtenant.
3. Define responsibility for utilities and any damages.
4. Provide the landlord with the subtenant’s details.

FAQ

Conclusion

Subletting a flat rented under Najem Okazjonalny without the owner’s consent is illegal. It can lead to termination, loss of deposit, and financial claims. To avoid risks, always obtain written consent and formalise any subletting — it protects both tenant and landlord.