Request for the landlord's consent to sublet a flat

Published byDocMuse

A tenant's request in Poland for written consent to sublet the flat or part of it: to whom, for how long, for what rent and why, with confirmation that the tenant's obligations to the landlord stay with the tenant. There is room at the foot for the landlord's signature — a signed copy is the proof of consent, because subletting without it is one of the grounds on which the landlord may end the tenancy with a month's notice.

Preview

This document is produced for you. Your answers are typed into it and the finished PDF is yours to keep.

Common questions

Can a tenant in Poland sublet a flat without the owner's consent?

No. A tenant of a flat may not sublet it or lend it for free without the landlord's consent (art. 688² of the Civil Code). Subletting without the required written consent is one of the grounds on which the landlord may end the tenancy with a month's notice (art. 11(2)(3) of the tenants' protection act).

Does consent to a sublet have to be given in writing?

The Civil Code sets no form for the consent, but the tenants' protection act speaks of the required written consent, and an argument about consent given orally is hard to win. That is why this request has room at the foot for the landlord's signature — the signed copy stays with the tenant as proof.

Who answers to the owner for the subtenant?

The tenant. Towards the landlord the tenant remains liable for the rent and for the flat being used in line with the agreement, including by the subtenant (art. 668 § 1 of the Civil Code). A sublet ends at the latest when the main tenancy ends (art. 668 § 2), so the subtenant never gains a right to the flat longer than the tenant's own.