Can I sublet a room in a flat I rent?
It depends — you can sublet, but the myth "I rent it, so I can house whoever I like" misleads: you need the landlord's written consent. Under Article 6.490 of the Civil Code, a tenant may sublet the rented item only with the landlord's written consent, unless the contract provides otherwise. For residential premises (CC 6.595) subletting needs the written consent not only of the landlord but also of the adult family members living with the tenant. The sublease term cannot be longer than the main lease term, and if the main contract is invalid, the sublease is invalid too. Most importantly, and often overlooked: even after subletting, the tenant stays liable to the landlord for the condition of the premises and for the subtenant's acts, and subletting without consent can be a ground to terminate the main lease.
📋 The rules
- Subletting is allowed only with the landlord's written consent, unless the contract provides otherwise (CC 6.490)
- Subletting residential premises also needs the consent of the adult family members living with the tenant (CC 6.595)
- The sublease term cannot exceed the main lease term
- The tenant stays liable to the landlord for the premises and the subtenant's acts
- If the main lease is invalid, the sublease is invalid too
🔓 Exceptions
- If the contract does not require consent, the tenant must still notify the landlord in advance of the sublease terms and the subtenant
- If consent to sublet is refused without grounds, the tenant may gain the right to end the lease early
- Short-term letting to guests (for example, via platforms) is often treated as separate activity that may need extra permits and taxation
⚠️ Penalties & fines
The biggest risk is losing the lease itself: subletting without consent is a breach of contract. If a tenant sublets without permission, the landlord can demand to terminate the lease, evict the occupants and recover losses. Often overlooked: for damage to the flat or noise caused by the subtenant, it is the main tenant who answers to the landlord, so a debt for damaged property falls on them, not the guest. If the sublease earns income, it is subject to GPM, and failing to declare it brings tax liability and late-payment interest. In practice the costliest mistake is to quietly house people and hope the landlord will not find out: once the breach comes to light, you lose not only the lease but also the deposit, and both tenant and subtenant have to look for new housing in a hurry.
📎 Official sources
- e-seimas · Civil Code (Art. 6.490, subletting) →
- e-seimas · Civil Code (Art. 6.595, subletting of residential premises) →
- VMI · declaring rental income →
❓ Frequently asked
Can I sublet a room without the landlord knowing?
No, under Article 6.490 of the Civil Code subletting is allowed only with the landlord's written consent, unless the contract provides otherwise. For residential premises the consent of the adult family members living with the tenant is also needed, so the tenant's will alone is not enough.
How long can a sublease last?
The sublease term cannot be longer than the term of the main lease. If the main lease ends or is found invalid, the sublease ends or becomes invalid with it, so the subtenant's rights depend on the main contract remaining in force.
Who is liable for damage caused by the subtenant?
The main tenant answers to the landlord for the condition of the premises and the subtenant's acts, even if the damage was caused by someone else. So all losses for damaged property are first recovered from the tenant, who can then claim them from the subtenant.
What if I sublet without permission?
Subletting without the landlord's consent is a breach of contract for which the landlord can terminate the lease and demand eviction of the occupants. In that case you can lose not only the home but also the deposit paid, and have to cover the losses caused.
Do I have to pay tax on subletting?
Yes, income from subletting is subject to personal income tax and must be declared. Failing to declare it brings tax liability and late-payment interest, so it is best to formalise the sublease properly and meet the tax obligations.
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