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Subletting of the accommodation by the tenant

Verified 29 January 2019 - Directorate for Legal and Administrative Information (Prime Minister)

Depending on the type of dwelling (private or social housing), the tenant has the right or not to set up a sublease. Subletting is the renting to another person of all or part of the dwelling that is rented to himself. Subletting, even when not prohibited, is regulated. For example, the owner of the dwelling must be informed or obtain written permission.

Private accommodation

In the private sector, the regulation of subletting varies depending on the type of housing:

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Empty housing

If the tenant of a empty rented accommodation wants to sublease it, it must first obtain the owner's written agreement on:

  • Possibility of subletting
  • Amount of rent requested under sublease. The amount of rent per square meter of living space applied to the sub-tenant may not exceed that charged to the tenant.

The tenant is required to transmit to the subtenant:

  • Written permission from owner
  • Copying Lease

The duration of the sublease may not exceed that of the tenant's lease.

If the tenant's lease ends, the sub-tenant has no rights vis-à-vis the landlord, nor any title of occupation for the dwelling.

Warning  

subletting without authorization may result in the termination of the tenant's and subtenant's lease. In addition, the tenant may be ordered to pay the landlord the amount of the subrents received, or even damages in the event of damage.

Request the owner's permission to sublease his accommodation

Furnished accommodation

Lease signed after March 27, 2014

If the tenant of a furnished rented accommodation wants to sublease it, it must obtain the agreement of its owner on:

  • Possibility of subletting
  • Amount of the rent requested for the sub-lease, which cannot exceed the rent requested from the tenant

The tenant must then transmit to the subtenant:

  • Written permission from owner
  • Copying lease.

The duration of the sublease may not exceed that of the tenant's lease.

If the tenant's lease ends, the sub-tenant has no rights vis-à-vis the landlord, nor any title of occupation for the dwelling.

Warning  

subletting without authorization may result in the termination of the tenant's and subtenant's lease. In addition, the tenant may be ordered to pay the landlord the amount of the subrents received, or even damages in the event of damage.

Request the owner's permission to sublease his accommodation

Lease signed before March 27, 2014

If the lease does not contain any clause prohibiting subletting, the tenant may subletting the unit:

  • freely, if no clause requires the agreement of the owner
  • with the agreement of the lessor, if a clause requires the agreement of the owner

The price of the sublease rent is free.

The duration of the sub-lease shall not exceed that of the tenant's lease.

If the tenant's lease ends, the sub-tenant has no right to the landlord or title to the dwelling.

Accommodation Anah

The tenant of a Anah conventional accommodation may sub-lease it to an adult person with a disability, provided that the person signs a family reception contract..

Before renting, the tenant must inform the owner of his intention to sublease the accommodation. This must be done by registered letter with notice of receipt.

Owner permission is not required.

The lease term of the sub-tenant must not exceed the lease term of the tenant.

The amount of rent charged to the sub-tenant may not exceed that charged to the tenant.

Housing called "law of 48"

Full sub-rental of accommodation

The tenant of a "1948 law" housing may sub-lease the entire property, provided that the owner has obtained prior written authorization. The tenant must request authorization by registered letter with notice of receipt.

The sub-tenant shall have the right to remain in the premises even if the tenant leaves the dwelling.

The amount of the sublease rent is equal to the rent charged to the tenant.

Warning  

subletting one's dwelling without authorization may result in the termination of the tenant's and the subtenant's lease. In addition, the tenant may be ordered to pay the landlord the amount of the subrents received, or even damages in the event of damage.

Partial rental of the accommodation

The tenant of a "1948 law" housing may sublease part of the accommodation, provided that you sublease:

  • Only 1 room, when the house has more than 1
  • 2 rooms (with 1 or 2 sub-tenants) when the dwelling has no more than 5 rooms, the tenant lives alone and is over 65 years old

The owner must be informed of the sub-lease and the price requested from the sub-tenant, within 1 month and by registered letter with notice of receipt, unless the owner has given his prior authorization.

The term of the lease is freely fixed between the tenant and his sub-tenant, but if the lease ends, the sub-lease also ceases.

The subtenant must pay rent proportional to the rented premises, possibly increased by 20% at most.

Warning  

subletting one's dwelling without authorization may result in the termination of the tenant's and the subtenant's lease. In addition, the tenant may be ordered to pay the landlord the amount of the subrents received, or even damages in the event of damage.

Social housing

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Subletting of accommodation

The subletting integral social housing (e.g. housing) is prohibited.

FYI  

subletting his social housing despite the prohibition may result in the termination of the tenant's and subtenant's lease, as well as the payment of a fine of 9,000..

Subletting of part of the accommodation

The subletting a part of a social housing unit is authorized for the benefit of a person over 60 years of age (or a disabled adult) with whom the tenant has entered into a family reception contract..

In this case, the tenant must inform the lessor organization, by registered letter with notice of receipt, of his intention to sublease his dwelling.

The term of the lease is unlimited.

The amount of rent must be proportional to the part of the dwelling under lease.

The lessee shall transmit to the sub-lessee the lessor's written authorization and a copy of the current lease.

Inform your landlord that you will sublease part of your housing HLM