Subletting rooms: everything you need to know

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Subletting one or more rooms is a very common occurrence in our country. This is mainly due to the high price of rents. For this reason, more and more people are choosing to sublet rooms in order to share the costs of renting . But you should know that this practice is not always legal. In this article we explain everything you need to know if you are thinking about subleasing a room.


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Subletting rooms: what does it consist of?
If you are living in a rental apartment and for any reason you are thinking about re-renting one or more rooms of the property, the new tenant will become your subtenant and you, in addition to being the owner's tenant, will be a sublessor.

In Spain it is an increasingly common practice, especially in cities like Madrid and Chinese Overseas America Number Data Barcelona where rents are much higher than in other cities. What the tenant seeks with this practice is to obtain benefits to be able to better assume the monthly rental payments, since the expenses of this will be shared.

However, there are some rules that regulate this practice , and there are many who, due to ignorance or negligence, do not sublease rooms legally. That is why it is important to know well what the requirements are to be able to sublet one or more rooms legally.


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How to sublet a room legally
If you are thinking about subletting a room, you should know the regulations reflected in article 8 of the Urban Leasing Law (LAU). In this Law, it is said that subletting is a legal practice, as long as the owner of the property has given explicit and written authorization.

For this reason, the first thing you should do is check your rental contract to see if there is a clause that authorizes you to sublet a room. In the event that it is not there and the owner has not explicitly specified the prohibition of subletting, you must contact him to ask for his written consent to said clause.

Secondly, for subletting to be legal, only partial spaces in the home can be rented , and never the entire home. Additionally, the price you charge the subtenant cannot be higher than the amount you pay for the rent. That is to say, if your rent costs you 700 euros per month and you have two rooms rented, you can charge a maximum of 350 euros to each tenant, but they can never exceed 700 euros between the two.



You also have to keep in mind that you will have to make a sublease contract with your tenant. A legal document is necessary in which you indicate the rules of the home (whether pets are allowed, the duration of the contract, the rental price...) and what space in the home you have given up, that is, if you can use other spaces. If you have an assigned bathroom...  

Can the owner refuse?
Yes, the landlord has the right to refuse a tenant's request to sublet a room. In this case, unfortunately, you will not have any possibility to do so, since, if you do so without the prior consent of the owner, he or she may terminate your rental contract and you will not be able to continue living in that property.

If you have the need to share an apartment due to the high price of rent, the best option, if you want to save yourself problems, will be to include the other person in your rental contract. This way, you will both be tenants of the owner and you will not have any responsibility for the other person.

If you want to know more about how you can legally sublease a home. In  Housfy's guide  we explain everything to you.