Renting a home

Sublease agreement (podnájemní smlouva)

In Czech: Podnájemní smlouva

A sublease agreement (podnájemní smlouva) is a contract in which a tenant lets the flat, or part of it, to another person, the subtenant. The subtenant has a contract with the tenant, not with the owner.

Also called: sublet, subletting, podnájem

What it means

A sublease agreement (podnájemní smlouva) adds a third person to a lease. The tenant, who has a lease with the owner, lets the whole flat or a room to someone else, the subtenant (podnájemník). The subtenant pays the tenant, not the owner, and their right to live in the flat depends entirely on the main lease. Czech listings often use the word podnájem loosely, even for an ordinary lease with the owner, so always ask who will actually sign the contract with you.

How it works in the Czech Republic

Under the Civil Code a tenant who permanently lives in the flat may sublet part of it even without the landlord's consent (§ 2274). In other cases the tenant may sublet the flat or part of it only with the landlord's consent (§ 2275). The request and the consent are to be in writing; if the landlord does not respond to a written request within a month, this counts as consent, unless the lease forbids subletting.

Subletting in breach of these rules is a serious breach of the tenant's duties (§ 2276), which can cost the tenant the lease. A sublease also ends at the latest when the main lease ends (§ 2278), so the subtenant must leave together with the tenant even if they agreed on a longer period. These rules are stated as of October 2026.

Practical example

For example, a tenant rents a 3+kk flat, lives there and wants to sublet one room to a student for CZK 7,000 a month. Because he lives in the flat himself, he does not need the owner's consent to sublet part of it. If he moved out and wanted to sublet the whole flat, he would need the landlord's written consent. The student should ask for a copy of the main lease to see how long it runs.

What to watch out for

  • Ask for a copy of the main lease and check its end date and whether it forbids subletting.
  • If you are subletting a whole flat, ask to see the landlord's written consent.
  • Check the owner in the land register (katastr nemovitostí) and compare it with the lease.
  • Remember that your sublease ends no later than the main lease.
  • Pay the deposit and rent by bank transfer so you have proof.

Frequently asked questions

Does the tenant need the owner's consent to sublet?

It depends. A tenant who permanently lives in the flat and sublets only part of it does not need consent under § 2274. In other cases written consent from the landlord is required.

What happens to my sublease if the main lease ends?

The sublease ends at the latest together with the main lease, so you have to move out when the tenant's lease ends, whatever you agreed with the tenant.

Is a listing that says podnájem always a sublease?

Not always. The word is often used loosely for an ordinary rental, so ask whether you will sign with the owner or with an existing tenant.

On Lovec-Realit.cz

  • Lease agreement (nájemní smlouva)A lease agreement (nájemní smlouva) is the contract under which a landlord lets a flat or house to a tenant for temporary use in exchange for rent. Residential leases in Czechia are governed by the Civil Code.
  • Rental deposit (kauce, jistota)A rental deposit (kauce, legally jistota) is a sum the tenant pays the landlord to secure the rent and other obligations under the lease. It is returned when the lease ends, minus any debts from the lease.
  • Notice period (výpovědní lhůta)A notice period (výpovědní lhůta, legally výpovědní doba) is the period after which a lease ends once notice has been given. It starts on the first day of the month after delivery; for an open-ended lease of real estate it is three months.
  • Registering permanent residence in a rented home (trvalý pobyt)Registering permanent residence (trvalý pobyt) in a rented home means recording the rented flat as your official address. The address is for records only and gives no right to the property.
  • Title deed (list vlastnictví)A title deed (list vlastnictví, LV) is the land register sheet that shows, for one cadastral area, who owns which properties and what burdens them, such as mortgages, easements or a pending change of ownership.

Sources

Laws and official pages this text is based on (in Czech).

This text is for information only and has not yet been checked by a legal or financial expert. It is not legal, tax or financial advice. Verify important details in the listed sources or with a professional.

Updated 25 October 2026

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