Your child is finishing their studies and needs a place to land, your mother is going through a difficult time, a friend between apartments needs a roof for a few months: housing a relative for free when you are a tenant seems like a given. And yet, many tenants wonder whether they need to notify their landlord, sign a document, or risk termination of their lease. Here is what the law actually provides.
The Answer in 30 Seconds
A tenant has the right to house anyone they wish for free in their home, without needing the landlord's consent, as long as no money is exchanged. This right is protected by the loi du 6 juillet 1989. The limit is simple but strict: as soon as the housed person contributes financially to the rent or charges, you leave the realm of free accommodation and enter subletting, which requires the landlord's written consent. Upload your lease on bail.immo to check if a clause prohibits you from housing third parties — such a clause would likely be illegal anyway.
What the Law Says
Article 7 of loi n° 89-462 du 6 juillet 1989 establishes the principle: the tenant is required to use the rented premises peacefully, which includes the right to receive and house people of their choosing, for as long as they wish, without having to answer to the landlord on this matter. No lease clause can validly prohibit a tenant from housing relatives for free: such a clause would be deemed unwritten.
The situation changes drastically as soon as a payment is involved. Article 8 of the same law governs subletting: it is only possible with the prior written consent of the landlord, covering both the principle of subletting and the amount of rent applicable, which cannot exceed that paid by the main tenant (proportional to the sublet area). Subletting without this consent exposes the main tenant to lease termination for breach of contract, and the subtenant then has no enforceable rights against the landlord.
Why This Can Be a Problem
The practical difficulty is that the line between free accommodation and disguised subletting is not always clear. A relative who "occasionally chips in for groceries" remains in the realm of free accommodation. A relative who pays a regular amount, even if labeled "contribution to charges" rather than "rent," crosses into subletting as soon as that amount is recurring and tied to occupying the home — the legal classification depends on the reality of the facts, not the label chosen.
This also has consequences for housing benefits: a person housed for free may, under certain conditions, be taken into account differently from the host for the calculation of certain benefits (especially APL), and a false declaration of free accommodation when a sum is actually paid constitutes fraud that the CAF may penalize.
A Concrete Example
A tenant houses her student son for two years while he studies, without him paying anything. The landlord, visiting for an interim inventory, is surprised by the permanent presence of a third party not mentioned in the lease and threatens to terminate the contract. However, he has no right to do so: as long as no payment is proven, the tenant is perfectly within her rights. In case of doubt, she can provide a free accommodation certificate written on plain paper, stating her identity, that of the housed person, the address of the home, and the duration of the accommodation — a document that also serves as proof of address for the housed person in their own administrative procedures.
Exceptions and Edge Cases
- Short-term furnished lease with principal residence clause: some recent contracts include an obligation to personally occupy the home as a principal residence; occasional housing of a relative remains possible, but permanent accommodation that would empty this obligation of its meaning can be challenged by the landlord.
- Shared tenancy with a single lease: the situation is different — each signing co-tenant has their own rights and obligations; this is not free accommodation in the strict sense.
- Social housing (HLM): specific rules on occupancy and household composition may apply in addition to common law.
Checklist for Housing a Relative Peacefully
- Make sure no money, even modest and regular, is paid by the housed person in exchange for the accommodation.
- Inform your home insurer of the prolonged presence of a third party; some contracts require it.
- Draft a free accommodation certificate if the housed person needs it for their own procedures.
- Never sign a document labeling the arrangement as "subletting" if no written landlord consent exists.
- If tensions arise with the landlord on this matter, remind them in writing of article 7 of the loi du 6 juillet 1989.
Possible Actions
If your landlord contests your right to house a relative for free when no payment is involved, a written reminder of article 7 of the 1989 law is usually enough to close the debate. Analyze your lease on bail.immo to check that no clause in your contract attempts to go beyond what the law allows.
FAQ
Do I need to notify my landlord if I house a relative for free? No, it is not a legal obligation, even if notifying them out of courtesy avoids misunderstandings, especially during an inventory of fixtures.
Does a free accommodation certificate have special legal value? It serves as proof of address in many administrative procedures, but it is not a contract: it simply attests to a factual situation.
Can I ask for a small contribution to charges without risking reclassification as subletting? It is risky: as soon as a regular payment is proven, the subletting classification can apply, even if the amount is small.
Sources
- Service-Public.fr — Model letter: certificate of accommodation
- ANIL — Unfurnished lease: amount and duration of the lease contract
Legal Information
The information presented on this page is provided for informational purposes and is based on the texts and sources available at the time of its publication or last update. Legislation, regulations, and case law may evolve at any time. The results and explanations offered by bail.immo do not constitute legal advice and do not replace the opinion of a lawyer or another competent legal professional.