Short Definition
When tenant rents the leased property to third party, requiring landlord's written consent, prohibited under Saudi law without permission.
Overview
Legal Basis
Subletting is regulated by the Civil Transactions Law issued by Royal Decree No. (M/191) of 1444 AH in articles related to lessee's rights. Like any lease, a sublease has no administrative or judicial effect unless it is registered on Ejar (Council of Ministers Decision 292).
Practical Example
An employee signed a 3-bedroom apartment lease in Mecca, uses only two rooms. During Hajj season, decided to sublet the third room (with separate bathroom) to a pilgrim for 15 days at SAR 3,000. Correct procedure: 1) requests written consent from lessor via Ejar. 2) lessor approves temporary subletting. 3) lessee creates sublease contract linked to original contract. 4) pilgrim signs digitally via Nafath. 5) the pilgrim pays SAR 3,000, while the Ejar documentation fee is borne by the lessee as sub-lessor, not by the pilgrim. Benefit: legalizing the arrangement, protecting all parties, and avoiding any breach. Had he done it without consent, he would be exposed to original contract termination.
Common Mistakes
- ✗Subletting without lessor consent — material breach requiring original contract termination and eviction of all.
- ✗Believing that hosting a relative for long duration is subletting — no, free hosting without compensation is allowed.
- ✗Subletting at higher rent without documentation — may be deemed unjust enrichment; the lessor may claim the difference.
- ✗Neglecting sublessee relationship with original lessor — in case of original lessee breach, the sublessee may also be evicted.
- ✗Subletting for activity different from original (e.g., residential to commercial) — double violation (subletting + purpose change).
International Differences
In the UAE, law requires owner's consent for subletting, with Ejari documentation. In Turkey, subletting in residential needs owner's consent; commercial may be more flexible. In the UK, 'Subletting' is common in student housing contracts. The Saudi advantage: unified system for registering sublease relationships with clear protection for all three parties (lessor, original lessee, sublessee).
