Written consent for subletting in Spain
If you are a tenant in Spain and are considering subletting your home or assigning your lease, it is essential to understand when written consent from the landlord is required. Many questions arise about the validity of verbal agreements, contract clauses and the consequences of acting without permission. This guide explains in plain language what the Ley de Arrendamientos Urbanos requires, practical steps you can take to request written permission, how to document communication and what options you have if the landlord refuses. It also covers deadlines, alternatives like mediation and which courts may resolve disputes. The aim is to help you make informed decisions and protect your rights as a tenant.
Is written consent required?
In general, subletting and assignment of the lease require the landlord's consent. First review your contract for specific clauses and remember that the Ley de Arrendamientos Urbanos is the usual reference in Spain.[1]
- Review your lease and look for clauses on subletting or assignment.
- Request written permission even if there was a prior verbal agreement.
- In your request, specify dates, duration and the subtenant's details.
- Keep all communications and confirm the landlord has received them.
- If the landlord refuses, ask for the reason in writing and consider legal advice or mediation.
Always ask for written permission before allowing a sublet.
If there is a dispute and no agreement is reached, the civil courts resolve these matters before the Court of First Instance; in many cases mediation is advisable before starting legal proceedings.[2]
Frequently Asked Questions
- Do I always need written consent to sublet?
- Generally yes; the LAU and many leases require the landlord's express consent to sublet or assign the lease.
- What happens if I sublet without permission?
- The landlord may make claims, demand the end of the sublet or, in serious cases, seek termination of the lease in court.
- How can I obtain written consent?
- Send a detailed written request, keep a copy and ask for signed confirmation or proof of delivery such as certified mail or burofax.
How to
- Check the subletting clause in your lease to know restrictions.
- Prepare a written request with dates, duration and subtenant information.
- Send the request by certified mail or burofax and keep the receipt.
- If the landlord unjustifiably refuses, consider mediation or legal advice and, if appropriate, bring the matter to the Court of First Instance.
Respond to any official notice within the deadlines indicated to avoid losing rights.
