With a standard lease, you as the owner sign a contract directly with the person renting the flat. With a sublease, the tenant lets the flat, or part of it, to someone else. Your tenant, however, remains answerable to you and must keep paying you rent.
The difference becomes clear when a payment is late, damage occurs or someone needs to move out. That’s why it pays to know who is signing a contract with whom – especially if the flat is taken over by a company that offers a guaranteed income and finds the occupants itself.
Lease and sublease: a simple example
Imagine you rent your flat to Mrs Nováková. The two of you sign the contract and she pays you the rent. You are the landlord and Mrs Nováková is the tenant.
Later, Mrs Nováková decides to let one room to a student. If they sign a sublease agreement, the student becomes her subtenant. He doesn’t sign this contract with you. The fact that the student hasn’t paid her does not, in itself, release her from her obligation to pay you rent.
So the differences are as follows:
- Contract: a lease is concluded between the landlord and the tenant, a sublease between the tenant and the subtenant.
- Payments to the owner: in this arrangement, the tenant pays you, even though they collect the money from the subtenant themselves.
- End of occupancy: a sublease cannot last longer than the lease it derives from.
The landlord is usually the owner of the flat, but not always – what matters is that they are entitled to let it. Nor does the word “letting” refer to a third type of contract. We commonly use it simply to describe someone handing over their flat to another person for payment.
When consent to a sublease is required
First, clarify two things: whether the tenant actually lives in the flat, and whether they want to sublet the whole flat or only part of it. The rules differ in each case.
The tenant continues to live in the flat
Subject to the conditions of § 2274 of the Civil Code, the tenant may sublet part of the flat even without the landlord’s consent. A typical example is a room for a flatmate.
Check the lease too, though. The law refers to the rules on admitting other people into the household and, under certain conditions, allows the landlord to reserve the right to give consent. Exceptions apply to close persons and certain other special situations (§ 2272). So reading one sentence about subletting and skipping the rest of the contract isn’t enough.
The tenant does not live in the flat permanently
If the tenant wants to sublet all or part of the flat and does not live there permanently, they need the landlord’s written consent. The request should also be in writing.
Respond to the request promptly. If you don’t reply within one month, the law treats consent as given, subject to the conditions of § 2275. This does not apply if your contract prohibits subletting.
Subletting without the required consent is a serious breach of the tenant’s obligations. Even so, have any notice of termination checked by a lawyer. Discovering that someone else is living in the flat doesn’t entitle you to change the locks or cut off the electricity.
What about a cooperative flat?
The flat is owned by the housing cooperative, and the member is usually the tenant. When a member lets the flat to someone else, it is generally a sublease. You need to go through the lease, the cooperative’s articles and the statutory rules beforehand. Without knowing the specific situation, the cooperative’s consent can be considered neither automatically necessary nor unnecessary.
What happens when the main lease ends
A sublease ends no later than the lease. The tenant must inform the subtenant that the lease is ending and give them the necessary information, including the end date (§ 2277 and § 2278).
This can be unpleasant for the subtenant even if they have paid properly. Their housing depends on a contract to which they are not a party. That’s why they should check before signing that the tenant is allowed to sublet the flat and how long the main lease runs.
For the landlord, another distinction matters: the end of the contract doesn’t mean the flat has actually been handed back. If someone refuses to leave, the appropriate legal procedure must be followed.
Does a subtenant have less protection than a tenant?
With a genuine sublease, much more depends on the contract and on how long the main lease lasts. A lease of a flat intended for housing, by contrast, is protected by special provisions of the Civil Code. A landlord cannot simply strip a tenant of these rights by writing the opposite into the contract.
Beware, though, of the overly simple conclusion that calling a document a “sublease agreement” is enough to switch off tenant protection. What counts is the actual substance of the relationship, not just the document’s title (§ 555).
When a company takes over the flat and provides it to others
This model was the focus of a joint statement by the Ministry of Justice and the Ministry for Regional Development dated 14 January 2026. For the arrangement described, the authorities assessed the relationship between the owner and the company as a usufructuary lease (pacht), and the relationship between the company and the occupant as a protected residential lease.
In this case, a usufructuary lease means the company acquires not only the right to use the flat but also to earn income from it. The statement is not a court ruling on every offer on the market. It is, however, a good reason to have the contracts assessed according to how the arrangement actually works.
So don’t rely on promises that a “sublease” automatically allows quick eviction or removes all risks.
How Garant from FLAT SERVICE fits in
With the Garant option, you sign a contract with FLAT SERVICE and receive the agreed monthly amount from us. We select and screen prospective occupants and take care of running the flat.
The point of this option is that you don’t have to deal with every missed payment or period when the flat stands empty. Your contract must make clear which situations the agreed income covers, how long the commitment lasts and what the fee is.
At FLAT SERVICE, we pay you the agreed rent every month, even if the flat is vacant or the subtenant doesn’t pay. The rent agreed when the contract is signed equals 82% of the estimated market rent, and a lower actual sublease rent does not reduce it. If we achieve a higher sublease rent, you receive half of the difference over the expected sublease rent on top. We arrange and pay for routine maintenance, consult larger investments with you in advance and are liable for damage caused by the subtenant. The terms are set out on the service page and in the contract.
Before signing, also go through repairs and damage. Who orders a tradesperson and who pays for the work are two different things. Larger investments in the flat, building management contributions or property tax don’t disappear just because a company takes over the management.
So it isn’t the word “sublease” that guarantees your income. What matters is the company’s commitment to pay you the agreed amount and its ability to honour that commitment.
For standard private letting, income generally falls under § 9 of the Income Tax Act. The mere fact that a company pays you is no reason for different taxation. You’ll find more details in our article Tax on Rental Income from a Flat.
Partner, Partner+ and Garant: what changes for you
With the Partner and Partner+ options, you sign the lease with the tenant yourself and FLAT SERVICE handles the property management. You therefore remain the landlord. Partner+ adds the Manager’s guarantee to the agreed extent.
With Garant, your contract is with FLAT SERVICE and you receive the monthly amount from us. When choosing, compare not just the service fee but also who bears loss of income, which repairs are paid for and how the arrangement can be terminated. You’ll find an overview in the comparison of options.
Six things to check before you sign
Guaranteed rent offers vary. Ask about specific situations:
- When and how much will I receive? Ask to see the calculation for your flat, including all fees and any VAT.
- What if the flat is empty or the occupant doesn’t pay? Find out whether payments continue, for how long and with what exceptions.
- Who pays for repairs? Go through routine maintenance, minor repairs, major defects and damage separately.
- What condition will the flat be in when I get it back? Insist on a handover protocol with photos and a distinction between damage and normal wear and tear.
- Who will have a contract with the person living in the flat? Clarify the right to let the flat to another person and make sure the related contracts are consistent.
- How is the arrangement terminated, and how does the price change? Check the notice period, payments on termination, any rent increases and how higher returns are shared.
Have the answers confirmed in the contract. The same monthly amount can mean different obligations and costs in different offers. Details of Garant can be found on the service page and in the FAQs.
Find out how it would work for your flat
Our rent calculator gives you a rough idea of the market rent. If you’d like to know how Garant would work for your flat, book a no-obligation consultation. We’ll discuss your monthly income, the service fee and what we’ll take off your hands in managing the flat.
Sources and currency
Updated 13 September 2026. The legal section is based on the Civil Code, in particular § 555, § 2235, § 2272 and § 2274 to 2278, and on the joint statement by the Ministry of Justice and the Ministry for Regional Development of 14 January 2026. Tax aspects are summarised by the Financial Administration.
This article explains the general rules. When assessing a specific contract, its content and the circumstances of the arrangement are what matter.
