🔑 Can I sublet a room of the flat I rent in Albania?

With conditions

Quick answer

It depends on the contract: you can sublet a room if your contract does not forbid it, but you cannot assign the whole lease to someone else without the landlord's consent. Under the Civil Code (Law no. 7850/1994), for immovable property such as a home the tenant, absent an agreement to the contrary, has the right to sublet, but cannot assign the contract without the owner's permission. The myth that "subletting is always illegal" does not hold — nor does the opposite, that "I decide as I please". In practice most contracts expressly forbid subletting, so the first thing to read is the contract itself. Importantly: even when subletting is allowed, you remain liable to the landlord for the rent and for damage — subletting does not discharge you from your obligations. So "I gave the room away, it is not my problem now" is a misunderstanding.

📋 The rules

Under the Civil Code (Law no. 7850/1994), for immovable property the tenant may sublet, absent an agreement to the contrary.
The tenant cannot assign the contract to another person without the landlord's consent.
Even when subletting is allowed, the main tenant remains liable to the landlord for the rent and obligations.
An express ban on subletting in the contract is valid and makes subletting a contractual breach.
A sublet cannot exceed the terms and duration of the main lease it rests on.

🔓 Exceptions

For movable property the rule is stricter: subletting is done with the landlord's consent.
If the contract forbids subletting, giving the room without permission can be grounds for terminating the lease.
Special rules (social housing, state property, registered contracts) may set extra conditions on subletting.

⚠️ Penalties & fines

The main risk is not a state fine but losing the lease itself. If the contract forbids subletting and you give the room anyway, the landlord can treat it as a contractual breach and seek termination of the contract and your eviction, often keeping the deposit. Even where subletting is allowed, you stay liable to the landlord: if the subtenant fails to pay or causes damage, the bill is yours, not his. There is also a tax angle most people forget: rental income (including a sublet) is taxable, and an "under the table" sublet exposes you to problems with the tax administration, not just with the owner. Finally, without a written agreement with the subtenant, it is hard to prove who owes what when disputes arise. So read the contract, get consent where required, and put everything in writing.

📎 Official sources

Last verified: 2026-07-12

❓ Frequently asked

Can I sublet a room without asking the owner?

For a home, the law allows subletting absent an agreement to the contrary, so only if the contract does not forbid it. Since most contracts expressly forbid it, read the contract before you give the room to anyone.

Am I discharged from liability if I sublet?

No. Even when subletting is allowed, you remain liable to the landlord for the rent and damage. If the subtenant fails to pay or damages the home, the obligation stays with you as the main tenant, so choose carefully.

What is the difference between subletting and assigning the lease?

Subletting gives another person the use, but your contract with the owner remains yours. Assigning or ceding the contract hands your place to a new person and necessarily requires the landlord's consent, otherwise it has no legal effect.

What if the contract forbids subletting?

Then giving the room without permission is a contractual breach. The landlord can seek termination of the contract, your eviction and often the keeping of the deposit as compensation for the breach, under the contract terms.

Is income from subletting taxable?

Yes, income from rent and subletting is taxable under the law. An undeclared sublet exposes you to problems with the tax administration, so it is safer to declare it and to put the arrangement in writing.

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