🛏️ Can I sublet a room in my home in Luxembourg?

With conditions

Quick answer

Yes, but only with the owner's written go-ahead. The tenant's myth: believing a "spare" room at home can be sublet freely, on a platform or to a friend, without asking anyone. Wrong. The law of 21 September 2006 on residential leases allows subletting, but it requires the landlord's prior written consent before making the home — or a single room — available to a sub-tenant. Without that consent, you are in breach of the lease: the owner can seek termination of the contract or damages. Once consent is obtained, a sublease contract governs the relationship, and you must give the sub-tenant the landlord's written authorisation and a copy of the current lease. Do not confuse the two: subletting (a single main lease) differs from joint tenancy, where each occupant has their own contract with the owner.

📋 The rules

Subletting a residential dwelling is allowed by the law of 21 September 2006, but subject to conditions.
It requires the owner's prior written consent before making anything available to a sub-tenant.
Subletting without authorisation is a breach of the lease, which can lead to its termination.
The tenant must give the sub-tenant the landlord's written authorisation and a copy of the main lease.
Subletting (a single main lease) differs from joint tenancy, where each occupant has their own contract.

🔓 Exceptions

Commercial leases and residential leases follow distinct regimes; here only housing is covered.
The sublet rent must not abuse the situation: a clearly disproportionate rent can be challenged.
The lease contract may frame or forbid subletting more strictly, within the limits allowed by law.

⚠️ Penalties & fines

Subletting without the landlord's written consent is the breach that costs the main tenant most. An owner who discovers it can ask the court to terminate the lease at the tenant's fault, claim damages and, in some cases, seek eviction. The sub-tenant, meanwhile, is in a precarious position: their right to occupy depends on a main lease that may fall, and they risk having to leave with no solid remedy against the owner. There is also an often-forgotten angle: rent received from a sublet is in principle taxable income to declare. Finally, an undeclared sublet can create problems with insurance (uncovered occupancy) and with the sub-tenant's registration at the municipality. Conversely, a proper sublet — written consent, clear contract, copy of the lease handed over — protects all three parties and keeps a "favour" from turning into a dispute.

📎 Official sources

Last verified: 2026-07-12

❓ Frequently asked

Can I sublet a room without telling my landlord?

No, the law requires the landlord's prior written consent before any subletting, even of a single room. Making a room available without that consent is a breach of the lease, which the owner can sanction, including by termination.

What does a tenant risk who sublets without authorisation?

The owner can seek termination of the lease at the tenant's fault and claim damages for the breach. Depending on the case, this can go as far as eviction of both the main tenant and the sub-tenant left without protection.

What must I give my sub-tenant?

You must provide the landlord's written authorisation to sublet and a copy of the current main lease. A sublease contract should also set out the rent, the term and the conditions of occupancy for the sub-tenant.

Is rent from a sublet taxable?

Yes, rent received from a sublet is in principle taxable income to declare to the tax administration. Failing to declare it exposes you to the same reassessment risks and surcharges as any omitted rental income.

Are subletting and joint tenancy the same thing?

No, subletting rests on a single main lease, with the tenant subletting to a third party. Joint tenancy instead involves a contract concluded individually between the owner and each occupant.

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