Can I rent out a room in the home I am renting?

That is a partial sublease. Under the 2026 law, subletting without the landlord's authorization is a ground for early termination (art. 23 num. 3), and the text does not distinguish between total and partial subletting; under the 2011 law, the authorization must be express and in writing (art. 44).

Does the authorization to sublet have to be in writing?

Under the 2011 law, yes: art. 44 requires express written authorization. The 2026 law only speaks of authorization, but having it in writing is the simplest way to prove it.

Can I assign my lease to another person?

Under the 2026 law, assigning or transferring the contract without the landlord's authorization is a ground for early termination (art. 23 num. 3). Under the 2011 law, art. 44 prohibits assigning the contract, although art. 45 mentions properties "dados en cesión, sin la autorización expresa y escrita" (assigned without express written authorization). If you want to assign a 2011 contract, consult a lawyer.

Doesn't the Código Civil allow free subletting?

Art. 1.583 allows subletting and assigning unless there is an express agreement to the contrary, but the 2026 law applies the Código Civil only on a supplementary basis (art. 6), and its art. 23 num. 3 treats subletting without authorization as a ground for termination.

Who is liable for damage caused by the subtenant?

The tenant. Art. 1.597 of the Código Civil makes the tenant liable for losses and damage caused by members of their family and by subtenants.

Does the 2026 law regulate vacation rentals?

No. Its art. 2 num. 5 excludes tourist lodging establishments and those used for vacation or recreational seasons. A tenant under that law must use the home exclusively for residential purposes (art. 15).

Can you sublet in Venezuela? 2026 law

Subletting means renting out to another person, in whole or in part, the home you are renting. Assigning or transferring the contract is different: a third party takes your place as tenant. The rules depend on which law governs your contract.

First: which law governs your contract

The Ley del Régimen Especial de Arrendamiento de Inmuebles Destinados a Vivienda (Special Regime Law for Residential Leases; Gaceta Oficial No. 7.065 Extraordinario, August 7, 2026) applies only to contracts agreed or formalized after it took effect (art. 2). The same article excludes homes the tenant already occupied under a lease on that date, "mientras persista esa posesión" (for as long as that possession continues). Those relationships remain under the Ley para la Regularización y Control de los Arrendamientos de Vivienda (Law for the Regularization and Control of Housing Leases) of 2011 and the decreto contra el desalojo (anti-eviction decree).

That is why looking at the contract date is not enough. Renewing the contract, or signing a new one, with a tenant who already occupied the home before August 7, 2026 does not, by itself, move it to the 2026 law. The new law does not expressly say what happens when those contracts are renewed (its art. 13 mentions "prórroga o renovación" (extension or renewal) only for the rent adjustment). In that case, consult a lawyer.

Regime	Subletting	Assigning or transferring the contract	Consequence if done without permission
2026 law (contract after August 7, 2026, no prior possession)	Requires the landlord's authorization	Requires the landlord's authorization	Ground for early termination and eviction (art. 23 num. 3)
2011 law (tenant in possession on August 7, 2026)	Requires express written authorization	Prohibited (art. 44)	Fine and the landlord's right to seek rescission (arts. 44 and 141)
Código Civil (Civil Code; general rule)	Allowed unless agreed otherwise	Allowed unless agreed otherwise	Applies where the special law is silent

What the 2026 law says

The text of the law mentions subletting in two places.

Art. 23 num. 3 allows the landlord to sue before the competent authority, or to request early rescission of the contract, for "haber cedido o traspasado el contrato de arrendamiento o subarrendado" (having assigned or transferred the lease, or sublet) the home "sin la autorización de la arrendadora o el arrendador" (without the landlord's authorization). The last paragraph of the article adds that a declaration of any of those grounds by the competent authority "dará lugar al desalojo" (will lead to eviction).

Art. 2 num. 6 excludes from the law properties used for commercial, industrial, professional, teaching and other different activities, "ya sean arrendadas o subarrendadas totalmente o por partes" (whether leased or subleased in whole or in part). Subletting an office or a commercial premises is not governed by this law.

In addition:

The law does not set the form of the authorization. Art. 23 num. 3 does not require it to be in writing. Even so, the lease must be in writing (art. 8), and a written authorization is the simplest way to prove it.

The contract can go further. Art. 6 says the lease is governed by what the parties agree, as long as it does not contradict the law, and art. 23 num. 7 adds as a ground "aquellas establecidas en el contrato" (those established in the contract). A clause can prohibit subletting or set conditions on it.

Renting out a room as the owner is not subletting. Art. 7 defines the contract as the lease of a home "total o parcialmente" (in whole or in part). If the owner rents out a room, it is a direct lease; if the tenant does, it is a sublease.

The 2026 law does not regulate the relationship between tenant and subtenant; the Código Civil covers that.

What the Código Civil says

Art. 6 of the 2026 law provides that the Código Civil applies "en forma supletoria" (on a supplementary basis). The useful articles for subletting are these (Código Civil, Gaceta Oficial No. 2.990 Extraordinario, July 26, 1982):

Art. 1.583: "El arrendatario tiene derecho de subarrendar y ceder, si no hay convenio expreso en contrario." (The tenant has the right to sublet and assign, unless there is an express agreement to the contrary.)

Art. 1.584: the subtenant is bound to the landlord only up to the amount of the sublease price owed at the time of the claim, and cannot raise payments made in advance (payments made according to local custom are not considered advance payments).

Art. 1.597: the tenant is liable for losses and damage caused by members of their family "y por los subarrendatarios" (and by the subtenants).

Art. 1.593: if the tenant uses the thing for a use other than the one it was intended for, or in a way that may harm the landlord, the landlord can seek rescission depending on the circumstances.

Watch out for art. 1.583: its general rule is the opposite of that of the 2026 law, which makes subletting without authorization a ground for termination. Since the Código Civil is only supplementary, in a contract under the 2026 law it is not advisable to rely on art. 1.583 to sublet without permission. Arts. 1.584 and 1.597, which the new law does not address, do remain useful.

If your contract is still under the 2011 law

Art. 44 of the 2011 law (Gaceta Oficial No. 6.053 Extraordinario, November 12, 2011) is stricter: it prohibits subletting "realizado sin autorización expresa y escrita del arrendador, así como la cesión del contrato" (carried out without the landlord's express written authorization, as well as the assignment of the contract). It adds that violators will be sanctioned, without prejudice to the landlord's right to seek rescission of the contract.

The penalty is in art. 141 num. 8: a fine of 400 unidades tributarias (tax units) imposed by the Superintendencia Nacional de Arrendamiento de Vivienda (SUNAVI, the national housing-lease authority). Its amount in bolívares depends on the unidad tributaria in force.

Under that law, before suing for eviction, performance or rescission of the contract, the landlord must go through a prior procedure before the Superintendencia (art. 94). See how to recover a rented home under each regime.

Vacation rentals: outside the 2026 law

Art. 2 num. 5 excludes from the 2026 law hotels, motels, inns, tourist stopovers, and those used for "temporadas vacacionales o recreacionales y demás establecimientos de alojamiento turístico" (vacation or recreational seasons and other tourist lodging establishments). The 2011 law has a similar exclusion (art. 8 num. 4), on the condition that the lodging proves its registration with the competent authority.

This matters to a tenant who is thinking of offering the rented home by the night. Their contract with the landlord is, in principle, a housing lease, and art. 15 of the 2026 law requires them to use it "exclusivamente con fines residenciales" (exclusively for residential purposes). The law does not expressly address the case; the landlord could invoke art. 23 num. 3 (subletting without permission) or num. 5 (a use or purpose other than the one in the contract).

What to do if you are the landlord or the tenant

If the landlord discovers a sublease

Confirm the regime. Use the rule in art. 2 of the 2026 law: the contract date, and whether the tenant already occupied the home before August 7, 2026.

Review the contract. Look for clauses on subletting or assignment, and for authorizations given.

Use the channels the law provides. Under the 2026 law, disputes go to conciliation, mediation, arbitration or to the tribunales de municipio (municipal courts) through the juicio breve (summary proceeding) (art. 25), and the eviction order can only be issued by a tribunal de municipio or a tribunal arbitral (arbitral tribunal) (art. 27). Changing the locks or removing the occupants on your own is not among those channels.

Consider agreed exits. The contract also ends by mutual agreement (art. 22 num. 2), and the tenant can end it at any time (art. 24). The guide on ending a lease early details those options.

To sue, consult a lawyer.

If the tenant wants to sublet

Ask for the authorization in writing, with the subtenant's name, the part of the home they will occupy and the term. It is mandatory under the 2011 law and the best proof under the 2026 law.

You are still bound to pay the rent under your own contract, and you are liable for the damage the subtenant causes (Código Civil, arts. 1.592 and 1.597).

The 2026 law allows a lease to be authenticated at any notaría (notary office) or signed privately (art. 9), although it does not say whether the sublease falls under that law. See whether a lease must go to a notary office.

Can you sublet a home in Venezuela?