Airbnb Subletting: Tenant Rights in France

This guide is for tenants in France facing Airbnb subletting. It clearly explains when subletting is allowed or prohibited, what steps to follow, and what remedies are available in case of a dispute with the landlord. You will find practical information on written authorization, rent setting, the inventory of fixtures, and the departmental conciliation commission before referring the matter to the judicial court. The tone is practical and accessible to help tenants understand their rights, organize evidence, and avoid common mistakes that can lead to sanctions or cancellation of the sublet. It also sets out concrete steps to document a dispute and contact the relevant public services.

What does the law say?

Law n° 89-462 of July 6, 1989 and its reforms govern residential leases in France. The rental contract may contain a clause prohibiting or regulating subletting; without the landlord's written consent, subletting is often considered non-compliant with the lease^[1]. Before taking any action, check your contract and the applicable articles of the Civil Code and the Construction and Housing Code.

Subletting: allowed, prohibited and conditions

Practical principles to remember:

• Obtain the landlord's written authorization if the lease requires it.
• Do not charge a higher rent than the main lease: overcharging can be sanctioned.
• Respect occupancy rules (number of occupants, use) and the inventory of fixtures.
• Inform your insurer if needed and check tax obligations.

What to do in case of dispute or illegal subletting?

If you are a tenant and face illegal subletting, or if your request for authorization is refused without valid reason, gather evidence (contract, online listings, messages), contact the landlord to seek an amicable solution, then refer the matter to the departmental conciliation commission (CDC) before any judicial action^[3]. As a last resort, the judicial court can be seized to request compensation or enforce your rights.

Recommended procedure for the tenant

Practical steps if you plan to sublet or face a dispute:

• Carefully read and keep a copy of the lease and identify any clause on subletting.
• Request the landlord's written agreement and keep a copy of the response.
• Formalize a subletting contract and carry out an inventory of fixtures with the subtenant.
• Keep all evidence (listings, payments, messages) in case of conciliation or court action.

FAQ

Can a tenant sublet their home?

Subletting is possible if the lease allows it or if the landlord gives written consent; otherwise subletting may be illegal and lead to sanctions^[1].

What risks does a tenant face for illegal subletting?

The tenant risks lease termination, damages, and eviction measures if the landlord brings the case to the judicial court.

How to contest a landlord's refusal?

Start with a written request, then refer the matter to the departmental conciliation commission; if conciliation fails, you can take the matter to the judicial court to assert your rights^[3].

How to

1. Read the lease and keep a copy, noting any clause on subletting.
2. Send a written request to the landlord specifying dates, proposed rent and guarantees.
3. Prepare a written subletting contract and perform an inventory of fixtures with the subtenant.
4. Keep evidence and receipts (listings, payments, exchanges) in case of conciliation or legal action.
5. If necessary, refer the matter to the conciliation commission and then to the judicial court.

Key takeaways

• Without written authorization from the landlord, subletting carries significant legal risks.
• Document every step: contract, inventory, exchanges and payments.
• Use departmental conciliation before considering court proceedings.

Help and support

• Subletting a home - service-public.fr
• Law n°89-462 of July 6, 1989 - legifrance.gouv.fr

1. [1] Law n°89-462 of July 6, 1989 - legifrance.gouv.fr
2. [2] Subletting a home - service-public.fr
3. [3] Departmental conciliation commission - service-public.fr