Renting through an agency? Since 2026, you're a tenant, not a subtenant
If you rent your flat through an intermediary agency (in Brno: Ideální nájemce or Ulov Domov, Vitom, Garantovaný nájem, ICB Reality, ChillHills etc.) you are no longer a subtenant. Since January 2026, the law sees you as a tenant — with the full protection of the Civil Code.
For years, these agencies rented whole flats from owners and passed them on to residents under contracts labelled “sublease”. That label did a lot of work: subtenants are not covered by the protective rules of the Civil Code, so the agencies could include clauses that would be invalid in a normal lease — very short notice periods, blanket pet bans, repair charges, “administrative” fees and easy deposit forfeiture.
Thanks to the Tenants’ Initiative (INN), two ministries have issued a clear statement that the sublease agreements offered to many tenants are in violation of the law.
In January 2026, the Ministry of Justice and the Ministry for Regional Development issued a joint statement confirming that this construction does not meet the legal definition of a sublease. Where the agency’s only role is to rent a flat from the owner and pass it on to a final occupant, the person actually living there is a tenant and therefore the contract will be treated as a regular lease contract.
Then vs. Now
| Before 2026 | From January 2026 | |
| Your legal status | Subtenant | Tenant |
| Restrictive clauses (no pets, fines, visitor bans) | Generally enforceable | Invalid below the statutory standard |
| Notice period | Whatever the contract said | Usually 3 months, legal grounds only |
| Agency “administrative” fees | Charged routinely | Largely invalid |
| If the agency’s contract with the owner ends | Your contract ended the same day | Your tenancy passes to the owner |
| Security deposit | Hard to reclaim | Standard rules and refund deadlines |
The reclassification applies automatically, by law — to contracts already running as well as to new ones. Your agency cannot opt out of it.
What to do now
- Re-read your contract. Any clause that gives you less than the Civil Code standard for tenants is simply not binding, no matter what you signed.
- Keep the statement handy. If the agency invokes an invalid clause or charges an unlawful fee, refer them to the official text at mmr.gov.cz — Stanoviska k nájemním vztahům (in Czech).
This change applies only to agency arrangements. A genuine sublease — for example, renting a room from a private person who lives in the flat — is still a sublease, with all the usual risks. See our full guide on sublease vs. normal lease for what to watch out for.
Not sure which category your contract falls into? Contact us for general guidance, or see our expat-friendly attorneys for tailored legal advice.
