Subleasing a flat in Gdańsk and Tricity: Legality and rules of the agreement

Think of it this way: when you rent an apartment, you become its temporary host, but it is the owner who is the captain of that ship. He has the right to know who is on board and on what terms. Ignoring this law is like trying to smuggle a stowaway passenger – risky and may end up being thrown overboard, i.e. … by terminating the lease agreement by the owner immediately! And not only to you, but potentially to all tenants in the apartment.

How to get permission to sublease?

• Honest conversation: Talk to the owner first. Explain your situation (e.g. “I’m going away for half a year for an exchange, I would like to sublet my room to a trusted colleague so that it does not stand empty and cover part of the costs” or “We have a free room, we would like to find a quiet roommate to reduce rental costs“). Transparency builds trust.
• The magic of writing: Even if the owner agrees verbally, insist on the written form. It can be an annex to your lease agreement or a separate statement from the owner. It must be clearly written that he agrees to sublease part of the apartment (e.g. a specific room) or the whole (if, for example, you are going away for a longer period and want to sublet the entire apartment). Sometimes such consent may already be included in the original lease agreement – check it carefully!
• Non-consent = STOP: If the owner does not agree, you must respect their decision. Subletting “in the wild” is asking for trouble.

Profitability of sublease – balance of profits and (potential) losses

Once you have the green light from the owner, it’s time for a cool calculation. Is it really worth it?

Pros of subletting:

• Financial relief: This is the main magnet. By subletting a room, you share rent and utility bills. The money that remains in your pocket can be spent on student pleasures, books, travels around Pomerania or simply for a quieter life.
• Society: An empty room can be sad. A new tenant is a potential companion for conversations, cooking together or going out in the evening.
• Apartment security: When you are going away for a longer period of time (e.g. holidays, Erasmus), the presence of someone in the apartment reduces the risk of burglary and allows you to react to possible breakdowns on an ongoing basis.

You as a “mini-owner” – a huge responsibility

This is an absolutely crucial point that you need to understand before you decide to sublet. When you sublet a room or apartment, in light of the law and the agreement with the original owner, it is YOU and STILL YOU who are the main tenant and are FULLY responsible for:

1. Paying rent to the landlord on time: Even if your roommate is late with the payment for you, you must pay the full amount to the landlord by the deadline set in your main contract. The owner doesn’t care about your internal billing.
2. Technical condition of the premises: You are responsible to the original owner for any damage caused to the premises – even those caused by your roommate. Of course, you can then pursue claims against the subtenant (that’s why a sublease agreement is important!), but you are on the front line.
3. Compliance with house rules: If your roommate makes noisy noise, violates the rules of social coexistence, then the consequences (warnings or even termination of the contract) will fall on you as the main tenant.
4. Utility billing: You are responsible for paying your electricity, gas, water, etc. bills on time, in accordance with the main lease agreement.

Think of it as being the captain of a smaller boat (You-Roommate relation), but one that is moored to a larger ship (You-Owner relation). You are responsible for your crew and the condition of your boat, but ultimately you report and answer to the captain of a large ship.

Sublease agreement with a subtenant

You have the landlord’s consent, you understand your responsibility, you have found a potential roommate. It’s time for the formalities that will secure your relationship – a sublease agreement. Never, ever do it “by the mouth”! A written agreement is your foundation and action plan in case of any misunderstandings.

What must be included in the sublease agreement?

• Parties to the agreement: Your exact details (as a subtenant) and the details of a subtenant (as a subtenant).
• Subject of sublease: Precise definition of what is subleased – e.g. “a room with an area of X sqm, located on the [ulicy/podwórka]side, with the right to use the common parts of the apartment: kitchen, bathroom, hallway”. The more accurate, the better. You can attach a floor plan of the apartment with the selected room.
• Duration of the contract: Is it a fixed-term contract (e.g. from 1 October to 30 June) or indefinite (with a specific notice period)?
• Rent for you (the Subtenant): The exact amount, the payment deadline (e.g. by the 10th of each month) and the form of payment (to which account).
• Deposit (optional, but recommended!): You can charge a deposit from your roommate to secure any damages or unpaid rent. The rules for settling it should be clearly defined (analogous to your deposit paid to the owner).
• Utility settlement: How will you share the costs of bills? Is it a lump sum (a fixed amount added to the rent per month) or in proportion to consumption (if there are sub-meters) or the number of people? Write it down!
• Rights and obligations of the parties: Who is responsible for what in everyday life (e.g. cleaning common areas), rules regarding receiving guests, quiet hours, etc. It is worth referring to the house rules in force in the building.
• Termination conditions: Specify in what situations and in what advance each party may terminate the sublease agreement (in accordance with the provisions of the Civil Code and the Act on the Protection of Tenants’ Rights).
• Statement of the sub-tenant: It is worth adding a record that the sub-tenant has become acquainted with the technical condition of the room and common areas (you can prepare a mini-handover protocol for the sublet room!).
• Reference to the main agreement: It can be included that the sublease agreement is dependent on the existence and terms of your main lease agreement with the landlord.
• Signatures of both Parties and date.

Remember, a sublease agreement cannot grant a subtenant more rights than you yourself have under the main lease agreement!

Finding the perfect tenant

Although this article focuses on formalities, it is impossible to leave out the human aspect. Choosing the person you will share your home with is an important decision. Talk, ask, try to get to know the potential candidate. Look for common values, a similar approach to order or noise. Sometimes it’s better to choose someone a little calmer than to fight for unwashed dishes or loud music at two in the morning. Trust your intuition too.

Subletting can be a really great solution in many student (and not only) situations. It can relieve the budget, fill the void, give flexibility. But as you can see, it requires awareness, responsibility and the completion of formalities. This is not a shortcut, but rather an additional path that requires your own map (landlord’s permission) and compass (a good sublease agreement).

I hope this post has clarified this topic for you. That you now feel more confident, knowing what steps to take, what pitfalls to avoid and how much responsibility you take on by becoming a “mini-owner”. Make decisions wisely, act in accordance with the law and rules, and subletting can turn out to be a beneficial and trouble-free experience for you.

Remember, knowledge is power, and conscious action is your greatest asset on the rental market in the bustling Tri-City.