Room rental in a dwelling: what the landlord should check before signing

What to check before renting out a room in your home

Renting out a room within your home may seem straightforward, but it is important to distinguish clearly between a main home tenancy, a temporary tenancy and other use agreements. The key is not to mix concepts: the contract must clearly state what is being let, for how long and on what terms. Under the Urban Leases Act, a main home tenancy also includes the partial letting of a room or space, provided its main purpose is to meet the tenant's housing need, and the rules also require a genuine and provable temporary reason when the contract is presented as temporary BOE-A-1994-26003.

If you are the owner, the first step is to decide exactly what you are offering. It is not enough to label a contract “temporary” for it to be so: if there is no clearly explained temporary reason, the contract may be subject to the main home regime with the corresponding legal effects. This point is especially important when only a room is let, because the margin for drafting errors is high.

### 1. Identify the type of use before drafting the contract

Before signing, check whether the contract should fit one of these two ideas:

1. **Partial main home**: a room or space is let for housing purposes.

2. **Temporary housing**: there is a real, specific and provable temporary move.

In practice, the contract must describe the reason, the room let, the shared areas allowed and the duration. If you want to limit the use to a specific period, it is not advisable to leave generic phrases such as “for a season” without explaining the reason. The LAU requires that the temporary reason be expressly provided for and that it be real and provable, with the burden of proof resting with the landlord BOE-A-1994-26003.

### 2. Make clear which room is being let and which spaces are shared

When a room is let, the contract should set out in black and white:

1. Which exact room is being let.

2. Which furniture or items it includes.

3. Which shared areas the tenant may use.

4. Whether there are restrictions on use of the kitchen, bathroom, living room, terrace or storage room.

5. Whether there are house rules and special timetables.

This avoids arguments about whether a space was private or not, or whether the tenant could use the whole flat. If you do not specify the spaces, it will later be harder to require orderly coexistence or limited use.

**Practical advice:** add an annex with an inventory and, where appropriate, photographs of the initial condition. There is no need to overcomplicate the contract, but what is included in the letting should be clearly identified.

### 3. Review the price, payments and receipts to avoid disputes

The rent may be freely agreed, but the contract must clearly explain how much is paid, when and for what items. The LAU provides that, unless otherwise agreed, rent is paid monthly and must be paid within the first seven days of the month; moreover, payment will be made by electronic means, except where one party does not have a bank account or access to electronic payment methods and requests it, in which case it may be made in cash and in the rented dwelling. It also requires the landlord to provide a receipt or supporting document itemising the amounts BOE-A-1994-26003.

**Useful steps:**

1. Set the exact monthly rent.

2. State whether it includes utilities, internet or cleaning.

3. Separate in the contract what is rent and what are equivalent expenses.

4. Provide for how payments will be evidenced.

5. Always keep proof and receipts.

**Common mistake:** talking about “rent with bills included” without specifying which bills or up to what amount. That often leads to disputes when an unexpected bill arrives.

### 4. Do not forget the limits on subletting, assignment and cohabitation

Even if the contract is for a room, you should set out in writing whether the tenant may or may not assign their position, sublet the room or host third parties on a stable basis. The LAU states that the contract may not be assigned without the landlord's written consent and that the dwelling may only be sublet in part and with the landlord's written consent BOE-A-1994-26003.

In a room rental, this is even more relevant because the risk of unagreed occupancies or rotating occupants is greater. If you wish to prohibit prolonged visits, shared use by third parties or changes of occupant, it is advisable to state this expressly.

### 5. Check the building's community, common elements and documentation

If the room is in a dwelling within a owners' association, review the title, the bylaws and the internal rules to make sure there is no significant restriction on uses, nuisance or specific uses. The Horizontal Property Act allows the community to regulate the internal regime and prohibits harmful, annoying, unhealthy, noxious, dangerous or unlawful activities BOE-A-1960-10906.

In addition, if you let a room within a dwelling, it is advisable to keep:

1. Land registry information or documentation for the property.

2. The deed of division and bylaws, if you want to check permitted uses.

3. An inventory of the items let.

4. A copy of the signed contract.

5. Proof of handover of keys or access cards.

**Practical action:** if you have doubts about how to structure the contract, you can request an indicative valuation of the property at our property valuation in Madrid. The online estimate is indicative, provides a range and PDF report and, if you wish, you can request an optional visit.

### Errors to avoid

1. Using a generic online template without adapting the temporary reason.

2. Not describing the room or the shared areas.

3. Mixing rent, utilities and deposit without itemisation.

4. Allowing assignments or additional occupants without putting it in writing.

5. Signing without keeping a copy of the contract and inventory.

What must be set out in writing, without fail

As a general guide, a well-drafted contract for renting out a room should include:

1. Full identity of the parties.

2. Full address of the property.

3. Specific room and authorised shared spaces.

4. Duration and, if temporary, a provable reason.

5. Rent, payment method and receipts.

6. Utilities and apportionment of expenses.

7. Basic house rules.

8. Express prohibition or authorisation of assignment, subletting and occupation by third parties.

9. Condition on handover and inventory.

10. System for handing over and returning keys.

If you would rather review the case with a professional before signing, you can write to us on our contact page. You can also visit the UBICASA office at Calle Montesa 29, Madrid, Monday to Friday from 10:00 to 15:00 and from 16:00 to 19:00.

In short, renting out a room is not just “letting someone use a room”: it requires clearly defining the nature of the contract, the permitted use and the documents that support it. The clearer everything is from the outset, the less scope there will be for later disputes and the better you will be able to protect your property.

If you would like to go further, read our related guide: Temporary residential tenancy agreement: what the owner should check before signing.