SUBLETTING OR RELETTING A HOME

EL SOTSARRENDAMENT O RELLOGUER DE L’HABITATGE

Subletting (Sotsarrendament) involves a contract through which a tenant rents out part of the home in which they live to another person.

As a result, there will be two contracts existing at the same time, namely a contract between the lessor and the tenant, and a contract between the tenant and a third party.

It is only legal to sublet part of a home, and the owner must have given their permission for the tenant to do so.

If such permission has not been given, the contract corresponding to the subletting arrangement is invalid and the owner has the right to terminate the main rental contract.

The rent charged under a subletting arrangement may never be more than the rent that the tenant pays the owner. Similarly, a contract for subletting part of a home must end before or at the same time as the main rental contract to which it is associated.

Garages, industrial premises or business premises may not be rented out to be used as homes.

Overcrowding in homes
(Sobreocupació d'un habitatge)

The maximum number of people who may live in a home is specified on its certificate of habitability, a document with which the owner must provide the tenant when the rental contract is signed.