Can I Sublet My Rented Apartment as a Vacation Rental in Spain?

If you're renting an apartment in Spain and considering subletting it to tourists, the short answer is: it depends. Tourist subletting isn't absolutely prohibited, but it requires meeting a chain of legal requirements that, if broken at any link, can cost you your lease, an administrative fine, or both. This guide explains exactly what you need, what risks you're taking, and when it's worth it.

The idea is tempting. You pay €800 in rent, go on vacation for a month, and rent the apartment to tourists for €2,000. Or you live in one room and sublet the other two on platforms. Sounds great in theory. In practice, there are three legal layers you need to clear before publishing a single listing.

What the Urban Lease Act (LAU) Says

The LAU is the national law governing residential rental contracts in Spain. Article 8 establishes the rules for subletting:

Partial subletting

A tenant can sublet part of the dwelling (a room, for example) as long as:

• They have the landlord's prior written consent
• The sublet rent doesn't exceed the total rent of the main contract
• A subletting contract is formalized

Full subletting

Full subletting of the dwelling — meaning handing over complete use of the apartment to a third party — is prohibited under the LAU unless expressly agreed otherwise in the lease.

Important: Most rental contracts in Spain include a clause that expressly prohibits subletting, both partial and full. If your contract has this clause, subletting is grounds for contract termination (eviction).

Is vacation rental considered subletting?

Yes. When a tenant transfers use of the dwelling (or part of it) to a tourist in exchange for payment, it constitutes subletting. It doesn't matter that it's for days or weeks — the legal nature is the same.

The lease agreement: the first filter

Before thinking about tourist licenses or platforms, review your lease. There are three possible scenarios:

Scenario 1: The contract prohibits subletting

This is the most common case. If your contract says something like "subletting of the dwelling, whether total or partial, is prohibited," you cannot rent to tourists. Period. Doing so is grounds for contract termination under Article 27.2.c of the LAU.

Scenario 2: The contract says nothing about subletting

In this case, partial subletting is possible with the landlord's written consent (Article 8 LAU). Full subletting remains prohibited unless the landlord expressly authorizes it.

Scenario 3: The contract allows subletting

Some contracts — especially in commercial or long-term negotiated leases — include a clause permitting subletting. If this is your case, you have the legal basis to proceed. But you need more permits.

Scenario	Partial subletting	Full subletting	Vacation rental viable
Contract prohibits subletting	❌ No	❌ No	❌ No
Contract doesn't mention subletting	✅ With written permission	❌ No (unless agreed)	⚠️ Partial only, with permission
Contract allows subletting	✅ Yes	✅ Yes	✅ Yes, with tourist license

Landlord permission: how to request it

If your contract doesn't prohibit it, you need the landlord's consent. A verbal "yes" won't do — it must be in writing. Ideally, an addendum to the lease that includes:

• Express authorization to sublet to third parties for tourist purposes
• Duration of the authorization (indefinite or for a specific period)
• Conditions: who manages the tourist license, who covers liability insurance, who answers to the homeowners' association
• Revenue sharing (if applicable) — some landlords agree in exchange for a percentage

Can the landlord refuse?

Yes, without needing to justify it. The landlord has no obligation to authorize subletting. And if they refuse, there's no legal recourse — it's their right.

The tourist license: the second filter

Assuming you have the landlord's permission, you now need the tourist license (responsible declaration or registration with your autonomous community's tourism registry). Here's a practical problem:

Who applies for the license?

In most autonomous communities, the tourist license is requested by the property owner or someone with a qualifying title (ownership, usufruct, or landlord authorization). As a tenant, you need:

1. Written authorization from the landlord to use the dwelling for tourist purposes
2. To submit that authorization along with the responsible declaration
3. In some regions, the landlord must appear as co-holder or give consent before the administration

Each community has its nuances. Check the specific requirements for your autonomous community for details.

National registration number

Since 2025, you also need the national registration number (RD 1312/2024) to list on platforms. This process requires having the regional registration first. More information in our guide on the national registration number.

The homeowners' association: the third filter

Even if you have the landlord's permission and a tourist license, the building's homeowners' association may have approved a prohibition or restriction on vacation rentals in the bylaws. Since the 2019 reform of the Horizontal Property Act, a 3/5 majority is sufficient to limit or prohibit tourist use.

If the building's bylaws prohibit vacation rentals, neither the landlord nor you as a tenant can legally operate. Check our guide on vacation rental bans in homeowners' associations.

Real risks of subletting without permission

Lease termination

The landlord can initiate eviction proceedings for unauthorized subletting. It's a clear legal cause and courts apply it consistently. You'd lose the apartment.

Administrative fines

If you operate without a tourist license, you face penalties from your autonomous community — ranging from €6,000 to €600,000 depending on the region. See the details in our guide on fines for renting without a license.

Liability for damages

If a tourist causes damage to the dwelling or common areas of the building, you're liable as the tenant. And if you don't have liability insurance (which is mandatory for tourist activity), you pay out of pocket.

Tax issues

Subletting income is taxed as real estate capital gains or as business income, depending on the services you offer. If you don't declare it, the tax authority can detect it through form 179 that platforms report.

Detection

Landlords discover tourist subletting in several ways:

• Platform alerts (some landlords monitor their address on Airbnb/Booking)
• Neighbor complaints to the landlord
• Unusually high utility bills
• The tourist registry itself, which is public in many regions

When it does make sense

Tourist subletting can work legally in these cases:

Formal agreement with the landlord

Some landlords prefer their tenant to manage vacation rentals in exchange for higher rent or a percentage of income. It's a win-win model if properly formalized.

Management contracts

Instead of a standard lease, you can negotiate a tourist management contract with the landlord. You manage the property (listings, check-in, cleaning, guest registration) and the landlord maintains ownership and the license. More details in our guide on vacation rental management companies.

Room rental with consent

If you live in the apartment and sublet a room with the landlord's written permission, it's the simplest option legally. But you still need a tourist license if the rental is by the day/week to tourists.

Checklist: can I sublet to tourists?

Requirement	Do you meet it?
Your contract does NOT prohibit subletting	☐
You have written authorization from the landlord	☐
The building bylaws allow tourist use	☐
You have a tourist license / responsible declaration	☐
You have a national registration number	☐
You have liability insurance	☐
You're registered with SES Hospedajes for guest registration	☐
You declare the income to the tax authority	☐

If any box remains unchecked, you're not in a position to operate legally.

How Autoregistro fits in

If you've secured all the permits and your tourist subletting is legal, Autoregistro helps with one of the most overlooked obligations: guest registration with SES Hospedajes. Whether you're a property owner or an authorized tenant — the obligation to report each guest's data to the authorities is the same, and non-compliance carries its own fines of up to €600,000.

Autoregistro automates that process: the guest completes their details before arrival, the reports are sent automatically to SES Hospedajes, and signatures are archived. One less worry in an operation that already has plenty of layers of complexity.