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Housing sublet! It is possible to sublet your accommodation , provided you have obtained the prior agreement of its owner. If the agreement is obtained, the tenant does not have the right to ask for a higher rent.
What is subletting?
A distinction must be made between subletting and simple hosting. Indeed, the tenant has the right to lodge a relative free of charge without informing his landlord. There is subletting when the person occupies all or part of the accommodation by paying financial compensation to the main tenant. The rent of the sub-tenant must not be higher than that paid by the main tenant. It is up to the owner to provide proof of the subletting, in particular by bailiff’s report.
Yes, if I have the agreement of the owner
The tenant cannot sublet his accommodation without the agreement of the owner. This request should be made by sending a registered letter in order to obtain the lessor’s written agreement on the principle of subletting. In case of refusal of the owner, the tenant can seize the judge to make note the abusive character of this refusal. This agreement may also have been formulated in a specific clause of the lease. If there is nothing in the contract about this, it is equivalent to a ban on the practice of subletting.
Can I sublet without the landlord’s consent?
If the tenant sublets his accommodation without prior authorization, he can be heavily penalized. If the lessor provides proof of the existence of a sublease, even in the absence of a contract, he can go to court to order the judicial termination of the lease. Damages may also be requested from the main tenant for fault.
The principal lessor may also oppose the renewal of the lease by granting the tenant at fault a leave of absence for legitimate and serious reasons. The termination of the lease automatically entails the termination of the sub-lease and the sub-tenant then becomes an occupant without right or title.
What are the main tenant’s obligations?
The main tenant remains bound, despite the subletting, by all the obligations arising from his contract. He is responsible for offenses and damage committed by the sub-tenant. The tenant also remains responsible for the rent vis-à-vis the landlord, even if the sub-tenant no longer makes any payment.
DAMY Law Firm , Nice, Conditions of subletting, Update 2022
