Sublease vs normal lease: a lawyer explains the differences and pitfalls
Subleasing, i.e. not renting directly from the owner, can be a path to some really nice flats, but it can also cause a range of complications. From fewer legal protections (regarding termination of the lease, repairs and maintenance costs, etc.) to public offices that will refuse your sublease contract as proof of accommodation.
Our consultant Marek sat down with a lawyer, Kateřina Hájková from HW legal, and asked her how to tell a sublease from a lease, how to check that it’s fully legal, and how to make sure your rental contract is a document the immigration office and other authorities will accept.
Watch her 20-min explanation:
During the webinar, the speakers went step by step through the following topics:
- Introduction: Overview of Brno Expat Centre and why subleasing can be tricky for foreigners in Brno.
- What is a sublease: The difference between a lease and a sublease, and why subtenants have weaker legal standing.
- When subleasing makes sense: Short-term stays, student housing, or shared flats — but not ideal for long-term security.
- Risks and pitfalls: Limited protection, issues with address registration, automatic end of sublease, and potential loss of deposits.
- How to protect yourself: Read the full contract, get the owner’s written consent, and document all payments properly.
- Summary: Subleasing can be flexible but risky; always check all three parties — owner, tenant, subtenant.
Two key takeaways:
1. Subtenants aren’t protected by the same laws as tenants. This means clauses that would be invalid in a regular lease can be perfectly legal in a sublease — including immediate termination or restrictions on pets.
2. You need the owner’s written consent. Without it, you can’t register your residence or business address, and your sublease will automatically end once the main lease does.
In short, subleasing can be a flexible short-term solution, but it’s not without risks — knowing the structure and your rights can save you a lot of stress later on.
