Subletting a home, is it legal?

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Subletting is an increasingly common option in rental housing , especially in apartments for students and small families who have plenty of space in their properties. But is it legal? The key is in the rental contract . Below we tell you everything you need to know if you are thinking about subletting a home.


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What is subletting?
Subletting a home occurs when a tenant rents part or all of the home in which they live to a third party. That is, the tenant becomes a sublessor and the new tenant becomes a sublessee.

This practice allows the first tenant to obtain extra income that will allow them to pay Chinese Overseas America Number Data the rent more easily. But yes, there are a series of limitations and obligations that you must take into account if you want to sublet your home to avoid problems with the owner.


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Is subletting a home legal?
The Urban Leasing Law establishes that it is only legal to sublease a home if it is done partially , that is, by rooms and not the entire home. Of course, this Law also indicates that subletting can only occur if the owner has expressed his or her consent to do so in writing .

Another of the established conditions is that the price of the sublease can never be higher than what the first tenant pays for the rent. And as soon as the contract ends and the tenant must leave the home, the subtenant will also have to do so.

In the event that a sublease occurs illegally, that is, the owner has not given his authorization for it to be carried out, he may proceed to terminate the rental contract before the court, both for the tenant and for the the sublet.

Advantages and disadvantages of subletting housing
As we have said previously, one of the advantages of subletting a home is that it will allow you to obtain money to be able to pay your rent more comfortably, and in addition, you will be able to proportionally divide the costs of supplies.

In reference to the inconveniences, if you plan to sublease a room, you have to know that you will be the most responsible for any damage or problem that the subtenant may cause in the property.

You should also be aware of all the legal aspects of subletting, since, in the event of non-compliance, you may have problems with the owner and the owner may proceed to terminate the contract.

Tips for subletting a home
Whether you are the owner or the tenant, you must take into account several aspects that will allow you to carry out the sublease without any problem.



If you are the owner
We recommend that, if you want to include the possibility of subletting in the lease contract, you contact a professional to advise you on how to draft the clause and thus be able to prepare a new sublease contract in case the tenant needs it. with the conditions you decide. For this, it is very important to know how to make a rental contract .

If you are the tenant
To sublease a home successfully , you will need to make sure that the clause that allows you to sublease to a third party is explicitly included in your contract. Also, as we have mentioned before, for it to be legal, you can only sublet per room , in no case the entire home. And, the price cannot be higher than the amount you pay for the rental.

Another aspect to take into account is the importance of choosing the subtenant well. You must make sure that they are solvent to be able to pay the monthly payments, thus avoiding non-payment of rent , and make sure that they are a suitable profile to live in the same home as you. This way you will save yourself from possible future problems.

In the sublease contract, you must include the bases of the agreement, such as, for example, how the burden of the costs of supplies will be distributed, what is the regime for the use of common spaces, or what the bases of coexistence will be.