Can I rent out a room or sublet?
Depends who's renting: the owner can; the tenant can only sublet with the landlord's written authorisation. If you're the owner, you can rent a room, choosing the regime: long-term lease (IRS Category F) or local lodging short-term (Category B). If you're a tenant and want to sublet, art. 1088 of the Civil Code requires prior, written authorisation from the landlord — without it, the sublease is null and can be grounds for eviction. Room income is always taxed (Category F, usually at 28%, or aggregation). In short: yes, but with authorisation and declared.
📋 The rules
- Owner: can rent (Category F or local lodging)
- Tenant: sublet only with written authorisation
- Without authorisation, the sublease is null
- Can be grounds for evicting the tenant
- Income is taxed (Category F at 28%)
🔓 Exceptions
- With authorisation and no lease ban, the sublease is valid
- Sublease rent can't exceed the proportional part of the rent
- In containment zones, new local-lodging registrations may be refused
⚠️ Penalties & fines
There's no direct civil "fine", but subletting without authorisation makes the contract null and is grounds for termination (art. 1083) — the tenant can lose their own home. Tax-wise, room income is taxed: in Category F, usually at 28% (or aggregation), and in 2026 there's a reduced 10% rate for moderate-rent, long-term residential leases. Not declaring the income or having unregistered local lodging brings an IRS assessment and fines. Beware a myth: "a tenant can freely sublet a room" is false — art. 1088 requires prior written authorisation. To rent a room: if you're a tenant, get written authorisation; and always declare the income.
📎 Official sources
❓ Frequently asked
Can I rent out a room in my home?
Yes, if you're the owner. You can rent a room, choosing between a long-term lease, taxed in IRS Category F, and short-term local lodging, taxed in Category B. In both cases, the income obtained is taxable and must be declared to the tax office.
Can I sublet a room if I'm a tenant?
Only with authorisation. Art. 1088 of the Civil Code requires the landlord to give prior, written authorisation for the sublease. Without that authorisation, the sublease is null and can be grounds for terminating the contract, risking you losing your own rented home.
What happens if I sublet without authorisation?
Subletting without the landlord's authorisation is null and amounts to a breach of contract, which can lead to its termination, i.e. eviction. So before subletting a room, you should always obtain the landlord's written consent and confirm the contract doesn't ban subletting.
Do I have to declare the room income?
Yes, always. Income from renting a room is taxable. In a long-term lease, it's declared in Category F, usually at the 28% autonomous rate, or by aggregation. There are also reduced rates for moderate-rent, long-term residential contracts, from 2026.
Can a tenant sublet freely?
No. It's a myth to think a tenant can sublet a room freely. The law requires the landlord's prior, written authorisation. Although Brazil's tenancy law also requires consent, the article numbers and the tacit-ratification regime are specific to Portuguese law, in art. 1088.
🔎 Common searches
What people search to land here:
- “rent a room portugal”
- “sublet landlord authorisation”
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- “room income irs category f”
- “sublet without authorisation eviction”
- “rent room local lodging”