Letting a room without the landlord’s written consent can end a tenancy. Credit: Andrei Bortnikau / Shutterstock
A woman renting an apartment in Palma went to the police to report that the woman who was sub-renting her spare room owed her €400, and in doing so mistakingly told her own landlords what she’d been doing without their permission. A Palma court has now backed them, which raises a question plenty of renters in Spain will be asking.
A routine police complaint gave her landlords the proof
A tenant in Palma reported the woman she’d let a room to after she failed to pay her last month’s rent of €400, but that complaint to the National Police is how the flat’s owners found out someone else was living there.
The owners rented her the flat for €720 a month, and the contract expressly banned subletting. They went to court and the lease was ended, with the Provincial Court now upholding that decision and confirming she has to leave.
Her own police statement formed part of the evidence, alongside a Facebook advert offering the room and messages in which the owners made clear they hadn’t agreed to a sublet or to anyone else coming into the home.
Her argument that it was unfair didn’t work
The tenant argued that ending her lease was unfair and out of proportion, asking what would happen if a partner moved in with her, or a relative stayed for a while. The court wasn’t convinced, saying that if it accepted that reasoning, anyone could point to a situation like that to disguise a sublet and get round the ban in both the contract and the law.
It added that it makes no difference whether the other person is there for free or pays rent, though here it accepted that payment had been made.
What Spain’s rental law says about letting a room
Under Spain’s rental law, tenants can only sublet part of their home, never the whole thing, and only with the landlord’s written permission given beforehand. The rent charged for the sublet also can’t be more than the tenant pays under their own lease. If a tenant sublets without that permission, the landlord can ask for the contract to be terminated, which is exactly what happened here. So this isn’t a new restriction, just an existing rule being enforced.
It doesn’t mean having a partner, relative or friend to stay is grounds for eviction either. This case involved a paying room-renter in a flat where the contract banned it, and nothing reported suggests overnight guests were the issue. However, if someone is moving in rather than visiting, it’s worth checking what your contract says first.
What to do before letting out a spare room
So if you’re thinking of renting a room to help cover your rent, ask your landlord for consent in writing first, rather than working on the assumption that ‘I’m paying the rent, so it’s my call who lives here’. Keep a copy of the reply, and if the answer is no, don’t go ahead with it.
