Lease transfer for tenants in France

Lease transfer allows a tenant to transfer their rental contract to another person. In France, this operation is not automatic: the contract, the type of housing (furnished or unfurnished) and the lease clause determine whether the landlord can object. For commercial leases or some student furnished rentals, specific rules apply. Tenants' rights are protected by law, notably the law of July 6, 1989 and its recent amendments. This article clearly explains when transfer is allowed, which steps to follow, which proofs to keep and how to avoid disputes so tenants can protect their rights before transferring a lease.

When is a lease transfer authorized?

The transfer is possible if the lease allows it or if the law provides exceptions. In France, the law of July 6, 1989 governs residential leases and sets protections for tenants^[1]. The landlord can sometimes refuse if the transferee does not provide sufficient guarantees, unless the contract states otherwise. Student housing and commercial leases follow different rules.

Difference between subletting and transfer

• In subletting the subtenant pays the rent, but the original tenant remains responsible for unpaid amounts.
• A transfer assigns the lease to the new tenant who becomes responsible for the obligations.
• Most contracts require written notification and sometimes the landlord's consent (notice).

Procedures and documents to prepare

Before transferring, check the lease, prepare the transferee's file (ID, pay slips, rent receipts) and draft a transfer deed or a registered letter depending on the situation. The model lease and information about the inventory of fixtures are available on service-public.fr^[2].

• Transferee file: ID, proof of income, possible guarantor.
• Written notification to the landlord, ideally by registered mail.
• Inventory of fixtures and key handover on the transfer day.

FAQ

Can the landlord refuse the transfer?

Yes, if the contract allows it or if the transferee does not provide sufficient guarantees. Some exceptions exist under the law.^[1]

Is a written deed required to formalize the transfer?

It is strongly recommended to formalize the transfer in writing and to prepare an inventory of fixtures to avoid disputes.^[2]

Where to bring a dispute in case of abusive refusal?

In case of dispute, the Tribunal judiciaire has jurisdiction; the Commission départementale de conciliation can assist before legal action.^[3]

How to

1. Check the lease and look for a clause about transfer or subletting.
2. Prepare the transferee's file and verify their guarantees.
3. Notify the landlord in writing and request consent if necessary.
4. Carry out the inventory of fixtures and hand over the keys on the transfer day.
5. In case of disagreement, contact the CDC or prepare an appeal to the Tribunal judiciaire.

Key takeaways

• Always check your lease before taking action.
• Collect written evidence and a complete transferee file.

Help and resources

• [1] Legifrance — Loi n°89-462 du 6 juillet 1989
• [2] Service-public.fr — Lease agreement and inventory of fixtures
• [3] Service-public.fr — Departmental Conciliation Commission

1. [1] Loi n°89-462 du 6 juillet 1989 — Legifrance
2. [2] Contrat de location et état des lieux — service-public.fr
3. [3] Commission départementale de conciliation — service-public.fr