Partial Subletting for Tenants in Spain
If you are a tenant in Spain and are thinking of sharing your home with another person, partial subletting can be an option, but it depends on several legal and contractual factors. This text clearly explains what partial subletting is, when the landlord can or should give permission, what requirements the Urban Leases Act demands and which receipts are advisable to keep. You will also see practical steps to request authorization, how to document agreements with the subtenant and what to do if the owner refuses without reasonable cause. The goal is for you to have useful information about rights, obligations and deadlines before making a decision.
What is partial subletting?
Partial subletting means that the tenant grants the use of one or more rooms to another person while retaining part of the dwelling for their own use.[1] This differs from a full transfer of the contract and usually requires the landlord's authorization, unless the contract expressly allows it or the law provides otherwise.
When is it possible?
It depends on the lease contract and the Urban Leases Act; if the contract prohibits subletting, the landlord may deny it, although the denial is not always automatic if there are proportionate reasons.
- That the contract allows it or does not expressly prohibit it.
- Obtain written authorization from the landlord.
- Respect occupancy limits and dwelling conditions.
- Declare the subletting when necessary for safety or homeowners association rules.
Practical tips for tenants
Before formalizing any agreement with a subtenant, agree in writing the conditions (duration, amount, rules of coexistence) and keep receipts of payments and communications. If a conflict arises over eviction or breach, the civil route (Court of First Instance) is competent to resolve it.[2]
Frequently Asked Questions
- Do I need the landlord's permission to sublet a room?
- Normally yes; unless the contract allows it or the law states otherwise, you must request written authorization.
- Can the landlord deny the subletting without explaining why?
- The landlord can object especially if the contract prohibits it or there are clear risks, but an unjustified refusal can be challenged.
- What happens if the subtenant causes damage?
- As the contract holder you will remain responsible to the landlord; it is advisable to include clauses that hold the subtenant liable and to keep evidence.
How to
- Request written permission from the landlord indicating who will occupy the room and for how long.
- Draft a subletting agreement that details rent, included services and house rules.
- Collect signatures and keep copies of all documents and receipts.
- Inform the homeowners association if required by the bylaws or to avoid security issues.
- If the landlord refuses without cause, seek advice or consider claiming through civil courts.
Key points
- The landlord's authorization is common and advisable in writing.
- Document everything: contracts, receipts and communications.
- In disputes, civil courts resolve eviction and responsibility issues.
Help and Support / Resources
- Ley 29/1994, Arrendamientos Urbanos - BOE
- Information on civil procedures and eviction - Poder Judicial
- Guides and procedures related to housing - Ministry of Justice
