Legal

Subletting in Bogotá:
What the Law Says (2026)

📅 Updated March 2026 ⏱ 7 min read 🏛 Ley 820 + Propiedad Horizontal Law

Subletting — renting out a property you're already renting — is a legal grey zone in Bogotá that many expats and digital nomads misunderstand. The rules differ depending on whether you own the property, rent it long-term, or operate it as a short-term rental. Getting this wrong can mean immediate lease termination and eviction.

⚠️ Default Rule: Subletting Is Prohibited

Under Ley 820 de 2003, subletting (subarrendamiento) is presumed prohibited in Colombian residential leases unless the landlord has granted explicit written authorization. "My landlord didn't say anything about it" is not authorization. If you sublet without written permission, you are in material breach of your lease — grounds for immediate termination.

What Colombian Law Actually Says

Article 17 of Ley 820 addresses subletting directly. The law establishes that a tenant may sublet all or part of a rental property, but only with the landlord's prior written authorization. Without that authorization:

  • The sublet is invalid as a legal contract
  • The landlord can terminate the lease immediately
  • The "sub-tenant" has no legal standing or protection
  • The original tenant bears full liability for any damage caused by the unauthorized occupant

The Three Subletting Scenarios in Bogotá

ScenarioLegal StatusWhat You Need
Long-term subletting (roommate taking over your room)Requires written landlord permissionWritten clause in lease or written addendum
Short-term Airbnb subletting (you're the tenant)Prohibited without permission + likely violates condo rulesWritten landlord authorization + RNT registration + Propiedad Horizontal approval
Owner listing their own property on AirbnbLegal if condo allows; requires RNTPropiedad Horizontal approval + RNT from MinCIT

The Airbnb / Short-Term Rental Problem for Tenants

The rise of Airbnb has created friction in Bogotá's residential buildings, particularly in high-demand expat neighborhoods like Chapinero Alto, Parque 93, and Usaquén. Here's what's happening on the ground:

Propiedad Horizontal Crackdowns

Colombia's Ley 675 de 2001 (Propiedad Horizontal law), further regulated by Decree 768 of 2025, gives condominium boards (asambleas de copropietarios) broad authority to regulate short-term rentals within their buildings. Most buildings in premium Bogotá neighborhoods have adopted internal regulations that:

  • Require all tenants to be registered with the building administration
  • Prohibit daily or weekly rental turnover (STR operations)
  • Allow the administration to impose fines of up to 2× the monthly HOA fee per violation
  • Authorize the board to notify the property owner, who can then terminate the lease

The RNT Requirement for STR Operators

Any property operated as a tourist accommodation — including Airbnb, Booking.com, or VRBO — in Colombia requires registration with the Registro Nacional de Turismo (RNT), administered by MinCIT. This registration applies to the property owner or operator, not the platform. Operating without RNT registration can result in fines and forced closure. Properties in residentially-zoned buildings (not comercio) face additional scrutiny.

💡 What "Apartasuite" Changes

An apartasuite is a furnished, serviced apartment unit operating under a hotel or tourist license — meaning it's specifically zoned for short-term rental operations. Unlike standard residential apartments, apartasuites operate outside standard condo board restrictions and are legal short-term rental vehicles. This is why many Bogotá STR operations are structured as apartasuites rather than residential leases. If you're a tenant, you'd need to be sub-renting from an apartasuite operator — which is a different legal relationship entirely.

How to Legally Get Subletting Permission

If you want to sublet legitimately — either because you're traveling for a month or want a roommate to share costs — here's the correct process:

1

Ask in Writing

Send a formal written request to your landlord or inmobiliaria via email or WhatsApp (both admissible). State the duration, the subtenant's name, and the terms. Create a paper trail.

2

Get Written Authorization

Verbal permission is worthless legally. Require a written response. For inmobiliaria-managed properties, the authorization must come from the inmobiliaria (as the legal representative), not just the property owner directly.

3

Check the Propiedad Horizontal Rules

Even with landlord permission, your condo board may prohibit subletting or STR operations. Request a copy of the building's reglamento de propiedad horizontal — this document governs what is and isn't allowed in the building's common and private areas.

4

Execute a Subtenancy Agreement

If all permissions are granted, execute a written sublease agreement with your subtenant. This document should specify the rental amount, duration, deposit arrangement, and both parties' responsibilities. Retain a copy of the original landlord authorization as an exhibit.

Frequently Asked Questions

This is the gray zone. Listing a spare room while you continue to live in the apartment is technically subletting and requires written landlord authorization. The condo board rules also apply — many buildings prohibit any short-term guest rotation. In practice, many expats do this quietly, but the risk of lease termination is real if discovered. If you're found out and your landlord chooses to act, they have valid grounds.
Silence in the contract does not mean permission. Ley 820's default position is that subletting requires authorization. Without a clause explicitly permitting it, you must get written landlord consent before proceeding.
No. The inability to reach your landlord doesn't grant you permission. If the property is managed by an inmobiliaria, direct your request to them — they have the authority to grant or deny subletting on the owner's behalf. Document all attempted communications.

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