Subletting in France: Tenant Rights

As a tenant in France, understanding subletting rules protects your situation and avoids disputes with the landlord. The law strictly frames the possibility to sublet a dwelling, often conditioned on the landlord's written consent and compliance with the rent amount. This article clearly explains which conditions to check, how to request written consent, which proofs to keep and which steps to take if the landlord refuses or reacts abusively. You will find practical steps, advice for drafting a formal request and information on possible recourses before the departmental conciliation commission or the court.

What is subletting?

Subletting occurs when a tenant rents all or part of their dwelling to a third party. In France, subletting is subject to the lease clauses and the law, and it generally requires the landlord's written consent.^[1]

Legal conditions for the tenant

• Obtain the landlord's written consent before any subletting.
• Respect the rent amount set by the lease and do not increase it.
• Keep an inventory report and evidence (photos, written exchanges) of the agreement and payments.
• Do not change the property's use or sublet for commercial purposes without authorization.

How to request the landlord's written consent

Write a clear request specifying the duration, the subtenant's identity and the proposed rent amount. Attach a draft sublease contract and an inventory report to reassure the landlord.

• Write a letter or formal email explaining the situation and the desired duration.
• Attach a draft sublease contract and the move-in inventory report.
• Send the request by registered mail or keep proof of sending and reception.

What to do in case of refusal or dispute?

If the landlord refuses without legitimate reason or reacts abusively, first attempt an amicable approach and document all evidence. The departmental conciliation commission can be seized before going to court.

• Contact the departmental conciliation commission for amicable mediation.
• Keep all evidence: emails, letters, receipts and inventory reports.
• Bring the matter before the judicial court if conciliation fails and your rights are threatened.

FAQ

Is subletting always allowed?

No. It depends on the lease clauses and the landlord's written consent; some leases explicitly prohibit subletting.^[1]

What risks does a tenant face if they sublet without consent?

The tenant may face lease termination, sanctions and claims for damages; the 1989 law and its decrees govern these consequences.^[2]

How long should I keep proofs related to subletting?

Keep exchanges and receipts for several years, especially while the tenancy relationship can be contested and for conciliation procedures.^[3]

How to

1. Check the lease and identify the subletting clause.
2. Draft a written request and attach the draft sublease contract.
3. Send the request and keep the acknowledgment of receipt and exchanges.
4. If a dispute arises, first contact the departmental conciliation commission, then the court if necessary.

Key takeaways

• The landlord's written consent is often essential to sublet legally.
• Keep all written evidence and the inventory report to avoid disputes.
• Conciliation is a recommended step before any judicial action.

Help and Support

• [1] Service-public : Sous-location et sous-locataire
• [2] Legifrance : Texts and applicable laws
• [3] Service-public : Departmental conciliation commission

1. [1] Service-public : Sous-location et sous-locataire
2. [2] Legifrance : Texts and applicable laws
3. [3] Service-public : Departmental conciliation commission