In an article published in Le Particulier (Particulier et Finances Éditions), our Partner Frédéric Coppinger examines the rules that must be followed to sublet a residential property lawfully.
As a general rule, subletting is prohibited without the landlord’s written consent. The landlord must approve both the subletting itself and the amount of rent charged to the subtenant. As Frédéric points out, a dated and signed document remains essential to protect the tenant in the event of a dispute.
Without such consent, neither financial difficulties, the occasional nature of the subletting nor the absence of any disturbance to neighbours can regularise the situation. The landlord may seek termination of the lease, eviction of the occupants and repayment of the rent received, for up to five years from the date on which the subletting is discovered.
The rent charged to the subtenant must also be no higher than the rent payable under the main lease, calculated in proportion to the floor area actually occupied. Lastly, the subtenant has no direct rights against the landlord if the main lease comes to an end.
Read the article in Le Particulier : https://leparticulier.lefigaro.fr/jcms/c_112149/location/les-regles-a-respecter-pour-sous-louer-son-…
