Subletting and Rescinding the Contract

How to sub-let your rental property or terminate the contract...

With previous notice to the landlord, the tenant may sublet a portion of the rented property to another person for the same period they have it contracted. The landlord must always give written consent to tenant.

The rent paid by the third person to the original tenant must be lower than that stated in the rental contract.

Rescinding the Contract

The owner may rescind the rental contract when the tenant:

  • Does not pay the rent or deposit
  • Rents the property to a third party without the owner's consent.
  • Deliberately causes damages to the property
  • Undertakes repairs without owner's consent
  • Causes serious nuisance to the neighbours

The tenant may rescind the rental contract when the owner:

  • Fails to make the necessary repairs to keep the property in a fit and habitable condition
  • Disturbs the tenant's dwelling use


Problems may arise when renting/letting property; normally, disputes relating to rental properties are processed through ordinary civil proceeding (procedimiento civil ordinario).

Extract adapted from an article by iAbogado Servicios Jurídicos SL (Madrid, Spain). Visit for more original content like this. Copyright © iAbogado Servicios Jurídicos SL (Madrid, Spain)