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Can a tenant sublet their accommodation?
Verified 12 November 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Sub-leasing is the leasing of all or part of the dwelling you are renting. Depending on the signed residential lease, subleasing may be prohibited, or permitted under certain conditions. In general, the owner must be informed in advance, or even obtain written authorization. Conditions may also restrict the choice of sub-lessee. We explain the regulations according to whether the rented housing depends on the private or social park.
What applies to you ?
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Private sector housing
The rules of subleasing are different depending on the signed residential lease:
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Empty rented housing
The tenant must first obtain the written agreement from the owner. This agreement is about subleasing and on the amount of rent charged for the sublease.
The amount of rent per m2 of living space requested for sub-lease may not exceed the one requested from the tenant.
Please note
It is preferable to send the request for authorization by registered letter with acknowledgement of receipt.
A document template can be used:
Seek permission from the landlord to sublet their home
The lessee must then provide the sub-lessee with the written sub-lease authorization received from the owner and a copy of his current lease.
The duration of the sublease cannot exceed that of the tenant's lease.
If the tenant's lease ends, the sub-tenant has no rights to the landlord, nor any title to the tenancy.
Warning
Subletting without authorization may result in termination the tenant's lease and the sub-tenant's lease. The tenant may also be ordered to pay the landlord the amount of the sub-rents received, or even the damages in case of injury.
Furnished rented accommodation
The tenant must first obtain the written agreement from the owner. This agreement is about subleasing and on the amount of rent charged for the sublease.
The amount of rent per m2 of living space requested for sub-lease may not exceed the one requested from the tenant.
Please note
It is preferable to send the request for authorization by registered letter with acknowledgement of receipt.
A document template can be used:
Seek permission from the landlord to sublet their home
The lessee must then provide the sub-lessee with the written sub-lease authorization received from the owner and a copy of his current lease.
The duration of the sublease cannot exceed that of the tenant's lease.
If the tenant's lease ends, the sub-tenant has no rights to the landlord, nor any title to the tenancy.
Warning
Subletting without authorization may result in termination the tenant's lease and the sub-tenant's lease. The tenant may also be ordered to pay the landlord the amount of the sub-rents received, or even the damages in case of injury.
Housing called "Law of 48"
The regulations are different depending on whether the housing is subleased in whole or in part.
Subletting of the entire dwelling
The tenant of a dwelling known as the 1948 law may sublet it in its entirety, provided that thewritten authorization from the owner. The tenant must request authorization by registered letter with acknowledgement of receipt.
The sub-tenant has the right to be kept in the premises, even if the tenant leaves the accommodation.
The amount of rent of the sublease must be equal the tenant's rent.
Warning
Subletting without authorization may result in termination the tenant's lease and the sub-tenant's lease. The tenant may also be ordered to pay the landlord the amount of the sub-rents received, or even the damages in case of injury.
Subletting of part of the dwelling
The rules to follow to sublet part of a dwelling known as the 1948 law are different depending on the number of rooms in the accommodation:
Housing from 2 to 5 rooms
The tenant may sublease:
- Let's say 1 piece
- Two rooms, one or two subtenants, but the tenant must live alone and be over 65 years old
The tenant must inform the owner of the sublease and the price charged to the subtenant, within one month and by registered letter with notice of receipt, unless the owner has previously given his authorization.
The term of the lease is freely fixed between the tenant and the sub-tenant, but if the lease ends, the sub-lease also ceases.
The sub-tenant must pay rent commensurate with the rented area, possibly increased by 20% at the most.
Warning
Subletting without authorization may result in termination the tenant and sub-tenant's lease. The tenant may also be ordered to pay the landlord the amount of the sub-rents received, or even the damages in case of injury.
Housing 6 rooms and more
The tenant can sublet 1 room.
The tenant must inform the owner of the sublease and the price charged to the subtenant, within one month and by registered letter with notice of receipt, unless the owner has previously given his authorization.
The term of the lease is freely fixed between the tenant and the sub-tenant, but if the lease ends, the sub-lease also ceases.
The sub-tenant must pay rent commensurate with the rented area, possibly increased by 20% at the most.
Warning
Subletting without authorization may result in termination the tenant and sub-tenant's lease. The tenant may also be ordered to pay the landlord the amount of the sub-rents received, or even the damages in case of injury.
Social housing
The rules for subletting differ depending on whether the whole or part of the dwelling is sublet:
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All accommodation
The subleasing of social housing in its entirety is prohibited.
In the case of prohibited sub-leasing, the lessor may ask the judge to terminate the tenant's lease and the sub-tenant's lease.
Part of the accommodation
Tenants may sublet part of the accommodation subject to certain conditions.
The sub-tenant must be a person over 60 years of age or an adult handicapped person, with which the tenant has entered into an agreement with family reception contract.
The tenant must inform the landlord, by registered letter with notice of receipt, of his intention to sublet part of the accommodation.
The rent for the sublease must be proportionate to the sublet's living space.
The lease term of the sublease is unlimited.
The lessee must provide the sub-lessee with a copy of the lessor's written authorization and a copy of the current lease.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- Service free
The informants who answer you belong to the ministry in charge of housing and city planning.
- Departmental Agency for Housing Information (Adil)
Empty and furnished accommodation (furnished lease signed since March 27, 2014)
Housing "law of 48" (general rules of subletting)
Housing "Law of 48" (subrental rent)
Social housing (subleasing prohibited, except in exceptional cases)
Social housing (exceptions allowing subleasing)
Document template
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