Summer vacation and internships are approaching. If you are a renter and have been leaving for several weeks, you may have considered subletting. However, the rules governing sub-leasing are precise. We explain to you what is possible and what is not.
Is sub-leasing prohibited?
In principle, sub-leasing is prohibited. However, if you have the permission of the landlord, you can safely sublet. The landlord must be informed of your subletting project preferably either by registered letter with acknowledgment of receipt, or by transcript. Then, he can authorize or prevent you from subletting, without having to justify his choice. If he accepts it, he will have to formalize his agreement in writing.
If you rent a social housing, then subletting it is strictly prohibited. To find out if subletting is possible in your case, and under what conditions, go to service-public.fr.
What are the risks in case of illegal leasing?
Subletting all or part of your accommodation, without prior agreement, may result in termination of the lease agreement. You may also be required to pay all subsidiary rents collected to the landlord. This is what happened in 2019 to a tenant who offered their apartment for rent on Airbnb. You can also take you to court and get damages to the landlord.
In early 2022, a “record” was reached, and the tenant was ordered to pay more than 221,000 euros to the owners who rented their 30-square-meter studio in the 6th arrondissement of Paris, it was said. Le Figaro.
Who is responsible in case of non-payment or damage?
I sub-rented it and it turned out that the rent had not been paid. In addition, the door was damaged..? In these cases, who is responsible for you, the sub-tenant or the lessor? You, the main tenant, who will have to move out. Even if you don’t live in the condo, you are responsible for the sub-tenant’s violations as if you had them. Since the landlord has no connection with the sub-tenant, only the tenant may be liable in the event of non-payment or damage. This is also why it is important to verify that the sub-tenant is well insured. Legal subletting will also allow you to obtain guarantees in the event of a problem with the landlord.
What contract, what rent and for how long?
If the landlord agrees to the subletting, then a contract must necessarily be signed between the tenant and the subtenant; The owner does not have to participate in it. The contract must expressly state its term, the rent and date it was paid, terms of payment, the amount of the security deposit, the terms of termination, the terms for returning the security deposit, or the obligations of the principal tenant. and a sub-tenant with respect to both.
The tenant cannot ask for more than his rent. Concretely, if you pay 700 euros in rent, you can’t ask the sub-tenant for 750 euros, not even 701 euros.
With regard to the term, it is determined by the main tenant within the term of his lease. On the other hand, in some “stressed areas” in terms of real estate, such as in Paris or in tourist areas, you will have to ask permission from the town hall. A rental dwelling can be rented as a main dwelling only seasonally, i.e. a maximum of four months in a year.