Tenants' Rights: Subletting & Flatshares in France
If you are a tenant in France and are considering a flatshare or a sublet, it is important to know your rights and obligations. This guide explains, in simple terms, the difference between a single lease and individual leases, the rules for requesting the landlord's authorization, and the responsibilities regarding repairs and rent payment. You will learn which steps to take, when to contact your landlord or the departmental conciliation commission, and how to prepare a file in case of disagreement. References to the law and official templates are provided to point you to government sources and to facilitate your practical procedures.
What does the law say?
The 1989 law governs residential leases and defines the landlord's and tenant's obligations, including the decency of the dwelling and repairs that are the landlord's responsibility.[2] The official Service-public website provides templates and practical explanations about the rental contract and the inventory of fixtures.[1]
Flatshare: single lease vs individual leases
In a flatshare, two options are possible: a single lease where all flatmates are co-holders and jointly liable, or separate individual leases. Understanding the difference helps to know who pays what and who is responsible in case of debts or damages.
- With a single lease, the contract is signed by all flatmates and each person is responsible for the total rent payment.
- With individual leases, each tenant is responsible only for their share of the rent to the landlord.
- Always check the contract to know clauses about joint liability and departure procedures.
Subletting: rules and steps
Subletting without the landlord's written permission is prohibited in most residential leases. Before accepting a subtenant, ask the landlord for permission in writing and keep that authorization.
- Write a formal request to the landlord specifying duration and the proposed rent.
- Wait for a written reply before hosting a subtenant to avoid disputes.
- Do not charge a higher rent than you pay if the lease forbids it or the agreement specifies otherwise.
Repairs and maintenance
The landlord must provide the property in a good state of repair and maintenance, while the tenant must carry out routine repairs. In case of habitability issues (heating, lead, leaks), report them promptly in writing to the landlord and keep evidence.
- Report any urgent repair in writing and request a timeframe for intervention.
- Build a file with photos, letters and exchanges to prove your actions.
- If needed, contact the departmental conciliation commission before starting legal action.
FAQ
- Can I sublet my home without informing the landlord?
- No, subletting without the landlord's written agreement is generally prohibited and can lead to termination of the lease.[1]
- What is the difference in responsibility between a single lease and individual leases?
- With a single lease, all flatmates are jointly liable for rent payment; with individual leases, each tenant is responsible for their share.
- What should I do if the landlord does not carry out necessary repairs?
- Send a formal notice in writing, contact the departmental conciliation commission, then bring the matter before the judicial court if needed.[2]
How to
- Check your rental contract to see if subletting or flatsharing is allowed and which clauses apply.
- Write a formal request to the landlord specifying the duration, proposed rent and subtenant details.
- Contact the departmental conciliation commission if the landlord refuses without valid reason.
- Keep all documents: contract, written permission, inventories and proof of payments.
- If the dispute continues, bring the case to the judicial court with legal assistance.
Key takeaways
- Always obtain the landlord's written authorization before subletting.
- Keep a complete file of contracts, authorizations and payment proofs.
- Use the departmental conciliation commission before pursuing judicial remedies.
Help and Support / Resources
- Service-public.fr - Rental contract
- Legifrance.gouv.fr - Official texts
- Service-public.fr - Inventory of fixtures
