Question about subletting? Discover your rights

Questioner

We live in a rented apartment (private sector). And stay in Spain 5 months of the year. We now want our daughter and her family, who has sold her house and is waiting for her new home to be completed, to live in our apartment during that period. She must then also register with the municipality, submitting a copy of our rental agreement and a copy of our ID plus a declaration that we agree to her registering at our address. However, our rental agreement states that we are not allowed to sublet or provide boarding facilities. In our opinion, this is not the case because we only allow her to use our house during the period that we are not there, without payment. Can we just do this?

Lawyer

Usually, giving in use is also prohibited, so look carefully at the rental agreement. Sometimes there is also a requirement that the tenant must live in the rented property and not leave it empty. What prevents you from generally asking your landlord this question?