Wednesday, 20 March 2019

The Russian doll of leases


Nowadays, due to the economic difficulties of many tenants, a large number of subleases of previously rented homes is being observed. But it is important to know if this is a legal practice in Spain. The truth is that in order to be legal, a very important requirement need to be fulfilled, obtain the written consent from the owner. Yet, this consent can be fixed initially or a posteriori. The Urban Rental Law (LAU) only covers partial sublease, but without specifying the degree of surface that can be sublet.


The properties can only be sublet partially and with the prior written consent of the landlord.

Thus, there are two different contracts, a first between the landlord and the tenant and a second between the tenant and a third person. We cannot forget that if the owner does not give his consent, the sublease contract is not valid and then he has the right to revoke the main contract.

However, if allowed, there are some prohibitions in subleases:
The cost of the new rent can never be higher than the rent the landlord is paying to the owner;
A commercial or industrial place or even garage cannot be rented as a home;
The tenant can't rent the house without living in there.


In summary, the most common situations of illegal subleasing are:
Non-consensual subleases carried out under express interdiction and with no knowledge of the owner;
The tenant who doesn’t live in the rented house and who profits by re-renting the rooms of the residence, earning a global income higher than what he pay to the owner;
The realization of works in the rented house to make it win more rooms.

In this type of case it is important the work of a private detective, who will be able to investigate these subleases and get evidence that exposes the situation. Their services allow knowing who is really living in the property, also finding out if it is used correctly. One of the functions of private detectives is to provide evidence of improper subletting to be possible to require financial compensation for the misuse of the residence.


Another situation that is even more significant and that should be referred is the illegal rental of tourist apartments, which is a strongly condemned infraction and where the owner of the domicile is considered responsible. That is why it is important to know how the tenant is using the house. As such, a private detective is essential to ensure that the property has an appropriate use at all times.



Sindia Alves and A. Oliver
Anthropologist and Detective
of Oliver Detectives

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