In my daily practice, I see that many tenants (and also owners) are walking on a minefield because they do not distinguish between concepts that seem the same at first glance but are miles apart from a legal point of view. Today, I want to talk about a common question: can I rent out a room in my flat to reduce my costs?
The short answer is yes, but the legal answer is: ‘only if the owner gives you written permission to do so’.
Subletting
Subletting occurs when you, as a tenant, rent out part of the property to a third party. The most important thing to understand is that your relationship with the owner does not change. You remain responsible for paying the rent and maintaining the property.
Contrary to what some people think, it is not a ‘replacement’. It is a new contract linked to yours.
Beware of confusion: it is not subrogation or transfer
This is where many people make the mistake that ultimately ends up in court:
- Subrogation is a legal change of “owner” (usually due to death or divorce). The contract remains the same, but the person signing it changes.
- Transfer: here you disappear. You “transfer” the contract to someone else and you leave. This requires the landlord’s full consent and the original contract is transferred.
- Subletting: You stay. You just share the space (and the costs).
The 3 commandments of the LAU for subletting
If you are considering subletting a room, the Ley de Arrendamientos Urbanos (LAU) imposes three golden rules that you must not ignore:
- Written consent: This is the basis of everything. Art. 8.2 of the LAU is very clear: subletting requires the prior written consent of the landlord. If you do it verbally or ‘secretly’, you risk immediate termination of the contract.
- It can only be partial: forget the idea of renting out the whole house and living somewhere else while receiving rent. The law prohibits the complete subletting of the property.
- The price limit: you cannot take advantage of someone else’s need at the expense of the owner. Under no circumstances may the sublet price exceed what you yourself pay for the full rent.
My advice as a solicitor
Before signing anything with a third party, make sure that your tenancy agreement does not contain an explicit prohibition clause and, above all, that you have the owner’s consent in a reliable form.
At Lexforis, we not only draw up contracts, we also protect your home. If you are unsure about how to present this to your landlord, we are here to provide you with the legal certainty you need.
Selena Escandell