There are many uncertainties in the area of rental housing. To start with, let's clarify the basic concepts - specifically the difference between renting, subletting and renting.

In a nutshell:

A lease is a relationship between the property owner and the lessee. There are many types of easements, some of which are not registered in the Land Registry.
Subletting occurs when the tenant gives the apartment or room to another person to use.
The term "lease" does not officially appear in Czech law.

Rent does not exist

Really. Although this term is commonly encountered and often used, it does not exist in Czech law. It follows that it is not possible to conclude a lease agreement.

What is the difference between renting and subletting?

Concepts rent a sublet have clear definitions in the legal framework. Rent refers to the contractual relationship between the owner of the property and the tenant who rents it. If you, as the owner, decide to rent out your property, you enter into a contract with the tenant rental agreement. It must meet the statutory requirements and may be agreed for a fixed or indefinite period. It confers on both parties the rights and obligations defined in Act No. 89/2012 Coll., Civil Code.

Sublet works a little differently. As the name suggests, the tenant does not rent the property directly from the landlord, but from the tenant who uses the property under a lease agreement. There is a contract between the tenant and the subtenant sublease agreementwhich is not subject to the same legal rules as a lease. The terms of the sublease can thus be more freely agreed by both parties. The key point is that the sublease cannot be negotiated for a longer period than the tenant's lease itself.

Do you know under what conditions a tenant or lodger can be given notice?

Does the landlord have to agree to sublet?

It depends on the specific situation. If the tenant continues to use the apartment and wants to add a subtenant, it is not necessary to ask the landlord for consent. However, he or she must inform the landlord of this fact. If the tenant wants to transfer the property to someone else and rent it out himself, this will not be possible without the landlord's express consent. The owner should give his (dis)consent within 30 days. These matters are usually specified in the lease agreement.

Rent in a cooperative apartment

Co-operative housing is always a sublet and therefore requires the consent of the housing association. Why? The owner of the flat is not the individual person, but the housing association itself. It can set its own conditions or even exclude subletting altogether. It is therefore important to always read the bylaws and the lease before you offer the apartment to someone else.