Tenant's Rights on Lease Transfer in France

If you are a tenant in France and wonder what your rights and obligations are during a lease transfer or subletting, this guide clearly explains the steps to follow. It specifies when the landlord's consent is necessary, what your responsibilities are regarding rent and repairs, and which deadlines to respect for notifications. We also outline official remedies, from the departmental conciliation commission to the judicial court, and useful documents such as the inventory of fixtures and the rental contract. The tone remains practical and accessible so that you can act with confidence, prevent disputes and protect your home.

What does the law say?

Law n° 89-462 of July 6, 1989 governs residential leases in France and defines the rights and obligations of tenants and landlords (official text)^[1]. The Civil Code and the Construction and Housing Code also specify rules on duration, security deposit, repairs and contract clauses. Service-public explains model rental contracts and inventories to help you prepare your documents (practical sheets)^[2].

Landlord consent

A lease transfer may require the landlord's agreement depending on the contract terms or the nature of the lease. If a clause prohibits transfer, its application depends on its wording and applicable law. When in doubt, request written confirmation and keep records of exchanges.

• Check whether the contract allows transfer and whether a written agreement is required.
• Obtain the landlord's written agreement when the law or lease requires it.
• Ensure the transferee complies with the lease conditions (rent, deposit, guarantees).

Rent, security deposit and repairs

The transferee generally assumes the outgoing tenant's obligations: paying rent, covering charges, and routine maintenance. Major repairs remain governed by law and the allocation set out in the lease. Learn about limitation periods and who must perform and pay for works.

• Pay rent and charges according to the schedule set out in the lease.
• Provide routine upkeep and promptly inform the landlord of required repairs.
• Respect deadlines to contest an inventory of fixtures or a rent increase.

FAQ

Can the landlord refuse the lease transfer?

The landlord can sometimes refuse if the lease provides for it or if the transfer violates contractual clauses; absent a clear clause, the situation will depend on law and circumstances ^[1].

Do I always need written consent to transfer my lease?

It is strongly advised to obtain written consent to secure the transfer and prove the landlord's agreement, especially when the contract requires it.

What happens to the security deposit?

The security deposit should be clarified between the outgoing tenant and the transferee: either it is returned by the landlord to the outgoing tenant after the inventory, or an agreement is made between the parties to transfer rights.

What to do in case of a dispute over the transfer?

Start with mediation or the departmental conciliation commission, then bring the case to the judicial court if necessary ^[3].

How to

1. Check the rental contract and presence of any transfer clause.
2. Contact the landlord in writing to request their agreement and keep proof.
3. Prepare a file for the transferee: contract, inventory, proof of payments.
4. If the dispute continues, contact the departmental conciliation commission then the judicial court.

Key takeaways

• Always check the clauses of your lease before transferring or subletting.
• Keep all documents and proofs of payments and written exchanges.
• Use conciliation before considering legal action.

Help and support / Resources

• Practical guide on the rental contract
• Information on inventory of fixtures
• Departmental conciliation commission

1. [1] Legifrance - Law n° 89-462 of July 6, 1989
2. [2] Service-public - Rental contract and inventory information
3. [3] Service-public - Departmental conciliation commission