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Can a tenant sublet their accommodation?
Verified 08 November 2021 - Directorate for Legal and Administrative Information (Prime Minister)
Sub-leasing is the leasing of all or part of the dwelling of which one is a tenant. Sub-leasing, even when not prohibited, is regulated. For example, the owner of the dwelling may have to be informed in advance, or even obtain his written authorization.
What applies to you ?
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Private sector housing
The rules of subleasing are different depending on the type of accommodation rented:
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Empty rented housing
The tenant must first obtain the owner's written agreement to sublet and the amount of rent for the sublease.
The amount of rent per m2 of living space requested for the sublease may not exceed that 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 the tenant's 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 owner's written agreement to sublet and the amount of rent for the sublease.
The amount of rent per m2 of living space requested for the sublease may not exceed that 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 the tenant's 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.
Accommodation contracted Anah
The tenant of a Anah contracted accommodation may sublet it to a disabled adult person, provided that he or she signs a family reception contract.
The tenant must first inform the landlord of his intention to sublet the dwelling. He must do so by registered letter with acknowledgement of receipt.
Owner authorization is not required.
The sub-tenant's lease term must not exceed the tenant's lease term.
The amount of rent charged to the sub-tenant may not exceed that charged to the tenant.
Housing called "Law of 48"
Subletting of the entire dwelling
The tenant of a dwelling known as the 1948 law may sublet it in its entirety, provided that prior written authorization is obtained 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 rent for the sublease must be equal to 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 requested from 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 determined 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 a maximum of 20%.
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 requested from 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 determined 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 a maximum of 20%.
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
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All accommodation
The subleasing of a social housing unit 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
The sub-tenant must be a person over 60 years of age or a disabled adult person with whom the tenant has entered into a 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 area leased.
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
The informants who answer you belong to the ministry in charge of housing and city planning.
Cost: free service
Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Departmental Agency for Housing Information (Adil)
- Law No. 89-462 of 6 July 1989 on rental relationships: article 8Empty and furnished accommodation (furnished lease signed since March 27, 2014)
- Law No. 48-1360 of 1 September 1948 on rental relationships: article 78Housing "law of 48" (general rules of subletting)
- Law No. 48-1360 of 1 September 1948 on rental relationships: article 39Housing "Law of 48" (subrental rent)
- Construction and housing code: article L442-3-5Social housing (subleasing prohibited, except in exceptional cases)
- Construction and housing code: article L442-8-1Social housing (exceptions allowing subleasing)
- Construction and housing code: article L442-8Social housing (penalty)
- Seek permission from the landlord to sublet their home
Document template
- Rent your main residence (furnished tourist)Service-Public.fr
- Refer to the protection litigation judge (consumer credit, lease)Service-Public.fr