A landlord is not obliged to tolerate subletting without their consent: the Spanish Urban Leases Act (LAU) requires the landlord’s prior written authorisation for any subletting (art. 8.2 LAU), and unauthorised subletting is grounds for termination of the tenancy agreement (art. 27.2.f LAU). It is a situation that arises more often than you might think: the landlord discovers that their tenant has let out one or more rooms of the property to third parties — through online platforms, by private arrangement or simply by word of mouth — without the tenancy agreement allowing it. And the law gives the owner concrete tools to act.
Quick answer
- Can my tenant sublet rooms without my permission? No. Partial subletting requires the landlord’s prior written consent (art. 8.2 LAU).
- Can I terminate the tenancy agreement? Yes. Unauthorised subletting is grounds for termination of the tenancy (art. 27.2.f LAU) and entitles the landlord to bring eviction proceedings for breach of contract.
- What happens to the people occupying the rooms? They have no legal relationship with the landlord: once the main tenancy ends, their sublease ends with it and they are left with no legal right to remain in the property.
- What is the first step? Document the subletting and send the tenant a burofax (certified letter with proof of receipt and certified content) demanding that it cease.
- What if the rooms are let to tourists? In Catalonia, operating tourist-use housing (HUT) without a licence is a serious offence, carrying fines of €9,000 to €60,000, and can be reported to the authorities.
Before you read on. Every case requires checking the tenancy agreement and the available evidence before taking action. A poorly drafted demand or a premature lawsuit can weaken the landlord’s position. Always review your specific situation with tailored legal advice.
Is it legal to sublet a room without the landlord’s permission?
No. Article 8.2 of the Spanish Urban Leases Act (Ley de Arrendamientos Urbanos, LAU) is unequivocal: a rented dwelling may only be partially sublet with the landlord’s prior written consent. Without that consent, the subletting is unlawful and constitutes a breach of contract, however normal or commonplace the tenant may claim it to be.
Article 27.2.f of the LAU goes a step further: unauthorised subletting is grounds for termination of the tenancy agreement. It is not a minor infringement the landlord must put up with: it is a serious breach of contract that entitles the owner to bring the tenancy to an end.
What happens to the people occupying the sublet rooms?
Anyone occupying a room under an unauthorised sublease has no direct legal relationship with the landlord. Their only link is with the tenant who sublet to them. This has an important consequence: when the main tenancy ends — whether by termination, expiry of the term or any other cause — the sublease ends with it, and the occupants of the rooms are left with no legal right to remain in the property.
What can the landlord do? It depends on the case
| Situation | Is it legal? | What can the landlord do? |
|---|---|---|
| Subletting of rooms without written consent | No (art. 8.2 LAU) | Demand that it cease and, if it continues, terminate the agreement (art. 27.2.f LAU) |
| Partial subletting with prior written consent | Yes | Nothing to object to: the sublease is valid on the agreed terms |
| Letting rooms to tourists (Airbnb, Booking) without a HUT licence in Catalonia | No (serious administrative offence) | Termination of the agreement and a report to the authorities (fines of €9,000 to €60,000) |
| Occupants who remain after the main tenancy has ended | No legal right of occupancy | The eviction order covers any occupant of the property |
The landlord’s prior written consent determines whether partial subletting is lawful. Own analysis based on arts. 8.2 and 27.2.f LAU. Each case should be verified with legal advice.
How to act against unauthorised subletting: steps to follow
1. Document the situation
Before taking any action, you need to prove that the subletting exists. This can be done with photographs, written conversations, listings on platforms, statements from neighbours or any other means of evidencing the facts.
2. Send the tenant a formal demand
The immediate step is to send the tenant a burofax with acknowledgement of receipt and certified content (a Spanish certified-delivery letter with legal evidentiary value), requiring them to put an end to the unauthorised subletting within a reasonable period. This demand serves a dual purpose: it gives the tenant the opportunity to remedy the situation and, if they fail to do so, it places the breach on record with a view to potential court proceedings.
3. Bring an action to terminate the agreement
If the tenant does not stop the subletting, the landlord can file for eviction on the grounds of breach of contract (art. 27.2.f LAU). Termination of the agreement entails recovering possession of the dwelling, with the removal of the tenant and of any occupant who remains in the property.
A special case: unauthorised tourist letting
If the rooms are being let repeatedly and for tourist purposes through platforms such as Airbnb or Booking, additional breaches of regional and municipal regulations may arise. In Catalonia, operating tourist-use housing (habitatge d’ús turístic, HUT) without the required administrative licence is a serious offence carrying fines ranging from €9,000 to €60,000. In that case, the landlord’s action can be reinforced by reporting the matter to the competent authorities.
The best defence: a well-drafted tenancy agreement
The best protection is preventive. A well-drafted agreement should expressly prohibit both total and partial subletting, and make clear that any transfer of use — including letting out individual rooms — requires the landlord’s prior written consent. Including a penalty clause for breach further strengthens the landlord’s position.
Frequently asked questions about subletting without consent
Can I evict my tenant for subletting rooms?
Yes. Subletting without the landlord’s prior written consent is grounds for termination of the agreement under article 27.2.f of the LAU, which allows the landlord to bring eviction proceedings for breach of contract.
What evidence do I need to prove the subletting?
Any means of evidencing the facts will do: listings published on platforms, photographs, written conversations with the tenant or the occupants, or statements from neighbours. The more documentation you gather before sending the formal demand, the stronger the landlord’s position will be in any eventual trial.
Can the subtenants stay in the property if I terminate the agreement?
No. The sublease depends on the main tenancy: once the latter ends, the occupants of the rooms lose their right of occupancy and must leave the property together with the tenant.
What if the tenancy agreement says nothing about subletting?
The legal rule applies all the same: article 8.2 of the LAU requires the landlord’s prior written consent for partial subletting, even where the agreement is silent. That said, an express prohibition in the agreement, coupled with a penalty clause, strengthens the landlord’s position and makes the breach easier to prove.
Can I cut off the utilities or change the locks to force them out?
No. Where there is a tenant with a contract — even one in breach — the only route is through the courts. Taking matters into your own hands can backfire on the landlord and give rise to criminal liability. The correct course is the formal demand and, if the subletting does not cease, eviction proceedings. We explain this in more detail in the following article: Cutting off utilities to squatters is not a crime: the Supreme Court’s doctrine
Can I handle this on my own without a lawyer?
It is not advisable. An eviction claim for breach of contract requires a lawyer and a court agent (procurador), and the strength of the case depends on how the subletting was documented and how the prior demand was framed. It is worth reviewing your situation with a professional before taking the first step.
Conclusion
The rule is clear-cut: without the landlord’s prior written consent, subletting rooms is unlawful and constitutes grounds for termination of the tenancy agreement. For the landlord, the practical takeaway is twofold: the law provides effective tools to recover the property, but it demands a methodical approach — document, demand and only then sue — for the proceedings to succeed.
Is your tenant subletting rooms without your permission?
At Sandín Abogados we review your tenancy agreement, assess the evidence of subletting and assist you with the formal demand and, if necessary, with the eviction proceedings to recover your property. Before you act, make sure you do it right.
Author: Susana Sandín Llorente, lawyer and Executive MBA, Sandín Abogados.
Published: 20 August 2026
Disclaimer: this article is for information purposes only and does not constitute legal advice. Whether termination of the agreement is viable depends on the specific circumstances of each tenancy. Consult a professional before taking action.
Sources: arts. 8.2 and 27.2.f of Law 29/1994 on Urban Leases (LAU) · Catalan regulations on tourist-use housing (HUT).
