Illegal Short-term Subletting: Tenant Rights in Spain
If you are a tenant and suspect your home is being sublet or used as short-term tourist accommodation without your consent, it is important to know which practices are common and which are illegal in Spain. This article explains, clearly and practically, what signs to look for —from online listings to changes in contract use— what rights and obligations tenants and landlords have, and what documentation to gather to protect yourself. It also guides you on concrete steps: how to notify the landlord, when to go to the community of neighbors or to the courts, and which official bodies can offer help. The guide is designed so you can make informed decisions without being a legal expert.
What is short-term subletting and why can it be illegal?
Short-term subletting occurs when a rented home is temporarily given to third parties for short tourist stays. Many rental contracts expressly prohibit subletting and it can constitute a breach of contract. If the use as tourist accommodation contravenes local regulations or the contract, it can lead to civil claims and even eviction proceedings in the Courts of First Instance.[1]
Common signs of short-term subletting
- Listings on rental platforms with photos (photo) of the flat and nightly availability.
- Frequent guest entries and changes in access or key collection (entry).
- Recurring payments or deposits for short stays that do not match the rental contract (rent).
- Neighbors' complaints about noise, change of use or registration on tourist platforms (notice).
What documentation to gather
Before starting any claim, collect clear and organized evidence: screenshots of listings, dated photos of the property, records of arrivals and departures, messages or emails with the alleged sublessor and receipts of payments linked to short stays. Also keep a copy of your lease agreement and any communications with the landlord.
Recommended actions for tenants
- Gather evidence: photos, screenshots and logs (document).
- Notify the landlord in writing and request that the activity stop (notice).
- Contact the homeowners' association or the property manager if there are coexistence breaches (contact).
- If there is no response, consult judicial options at the Court of First Instance (court).[2]
Frequently Asked Questions
- Can my landlord sublet without my permission?
- If the lease agreement prohibits subletting, the landlord cannot allow third parties to use your home without your consent; if breached, you may bring a civil claim.
- What evidence is decisive?
- Screenshots of listings, messages, dated photos, and receipts for short stays are the most useful evidence to prove short-term subletting.
- How long does a judicial process take?
- Timelines vary depending on the court's caseload and the type of procedure; therefore it is crucial to act with complete documentation and consider alternative routes such as mediation.
How to
- Gather basic evidence: listings, dated photos and communications (document).
- Send a written notice to the landlord requesting immediate cessation and a copy of the response (notice).
- If there is no solution, contact consumer services or legal advice and gather administrative or judicial options (contact).
- File a claim at the Court of First Instance if appropriate, providing all collected documentation (court).
Key takeaways
- Check your lease and act quickly on breaches to protect your rights.
- Document everything: photos, listings and communications are decisive.
- Seek official advice before starting legal proceedings.
Help and Support / Resources
- [1] BOE - Consolidated text of the Urban Leases Act
- [2] Ministry of Justice - Procedures and guides
- [3] General Council of the Judiciary - Judicial information
