Can a tenant sublet a rented apartment in Saudi Arabia?

Article 437 of the Civil Transactions Law (Royal Decree M/191 dated 29/11/1444H) says a tenant may not lease the property in whole or in part, or assign the lease, without the landlord’s permission or ratification, meaning consent before the act or approval after it. The rule applies across the Kingdom, not only in Riyadh.

A tenant who is allowed to sublet stays within the limits of the use he holds, in kind and in time (Article 438): the same type of use and no longer than his own term. On an assignment, by contrast, the assignee takes the tenant’s place in all rights and obligations (Article 439).

The unified residential lease template on Ejar’s website (file dated 21-11-2023) has a tenant powers table marking the tenant as authorised or not to lease the unit, or part of it, to others. The tenant must not sublet without that right (Article 5), and doing so is a breach: the injured party may ask the competent court to terminate the lease if it is not remedied within 30 days of the breach, after a notice sent through Ejar (Article 10).

Article 9 says acts relating to the lease have no legal effect unless done through Ejar’s approved services, means or forms. Ejar lets the parties record this power in the lease data when the lease is registered; if it was not enabled at documentation, the landlord or broker can enable subletting when the lease is renewed.

Renting the apartment by the night is a separate activity under the Private Hospitality Unit Regulation, issued by decision of the Minister of Tourism, published in the Umm Al-Qura Gazette on 11 September 2026 and in force from publication. A unit may not be operated without a licence; the applicant must be a Saudi national or a non-Saudi who owns the unit, and must show an electronic title deed or proof of the right to use and exploit the unit for the whole licence period. A guest may stay no more than 29 consecutive days, and no more than 90 days in total in the same unit during the licence period. The regulation does not mention tenants expressly; the landlord’s permission is still required under Article 437.