Subletting your apartment for a summer, listing a room on Airbnb to make ends meet, or helping out a friend in exchange for rent: it all sounds harmless. It isn't. Subletting is one of the few areas where the law of July 6, 1989 leaves almost no room for interpretation—and where the consequences of a mistake can run into thousands of euros.
This guide covers the rules that apply to rentals governed by the 1989 law, i.e., primary residences rented unfurnished or furnished. Seasonal rentals, secondary residences, and commercial leases follow different rules.
The 30-Second Answer
No, you cannot sublet your home without the landlord's written consent. Article 8 of the law of July 6, 1989 says so, and it leaves no room for nuance: subletting, whether in whole or in part, is prohibited unless the owner gives written consent, including on the rent amount.
If you go ahead anyway, the landlord can seek termination of the lease and demand the profits you made from the subletting. The subtenant, for their part, has no rights against the owner: they will have to leave.
Before going further, a useful note: if your lease contains a clause that seems to prohibit subletting unfairly, or if you want to check the strength of your contract before considering a sublet, a quick review can save you months of legal wrangling. Upload your lease here to check for risky clauses.
What the Law Says
Article 8 of Law No. 89-462 of July 6, 1989 is clear. The tenant may neither assign the lease nor sublet the dwelling without the landlord's written consent. This consent must cover both the principle of subletting and the rent charged to the subtenant.
The rule applies to both full and partial subletting. Renting out a room in your apartment to a student is partial subletting. Listing your entire home on Airbnb during the holidays is full subletting. In both cases, prior written consent is mandatory.
The legislature added an extra safeguard: the rent charged to the subtenant cannot exceed the rent the primary tenant pays to the owner. This is the well-known cap on subletting rent. The goal is simple: prevent a tenant from profiting at the landlord's expense.
ANIL reminds us in its fact sheets on tenant obligations that the use of the dwelling is set in the lease, and any change to that use without written consent exposes the tenant to penalties. Subletting is precisely a change of use.
Why This Can Be a Problem
The classic scenario: a tenant leaves for a three-month assignment, sublets their apartment to a colleague to cover the rent, and doesn't ask the owner. The landlord finds out through the neighbors. Result: lease termination, eviction, and an obligation to return the rent collected from the subtenant.
The penalty is not theoretical. Case law is consistent: subletting without written consent constitutes a serious breach of the tenant's obligations, justifying judicial termination of the lease. The judge does not need to verify whether the landlord suffered harm: the violation of Article 8 is enough.
On the landlord's side, the situation is just as uncomfortable. An undeclared subtenant occupies the dwelling, pays rent to the primary tenant, and the owner has no contractual link with them. If the primary tenant stops paying, the eviction process becomes a headache: who actually occupies the premises? Who do you take action against?
And then there's the Airbnb case. Short-term tourist rental of a dwelling leased as a primary residence is subletting under Article 8. Without the landlord's written consent, it's illegal. Platforms won't protect you: they just connect people; they don't check whether you have the right to sublet.
Concrete Example
Let's take a realistic case. Marie rents a two-room apartment in Lyon for €800 per month. She leaves for six months abroad and sublets her furnished apartment to a student for €850 per month, without telling her landlord.
The landlord discovers the situation after three months. He sues Marie for lease termination. The judge terminates the lease due to the tenant's fault. Consequences:
- Marie loses her home.
- She must return the €2,550 she collected from the subtenant (3 × €850).
- She remains liable for rent until she actually leaves.
- The subtenant must vacate the premises, with no recourse against the owner.
Even if Marie had asked for the landlord's consent, she couldn't have set the rent at €850: the cap was €800, the amount of her own rent.
Exceptions and Special Cases
Free Accommodation Is Not Subletting
Housing a relative for free, with no financial consideration, is not subletting. It's a tenant's right, protected by law: no lease clause can prohibit hosting people who do not usually live with the tenant. The line is thin, but it's essential: as soon as rent or financial participation is requested, it becomes subletting.
The Mobility Lease
A mobility lease, created by the ELAN law, is a short-term furnished rental contract (1 to 10 months) intended for people on professional assignments. Subletting under this type of lease is subject to the same rules: the landlord's written consent is mandatory. There is no exemption for this type of lease.
Shared Accommodation (Colocation)
In a shared accommodation with a single lease, each roommate is a leaseholder. If one of them sublets their room to a third party, that's partial subletting subject to the landlord's written consent. In shared accommodation with individual leases, the situation is different: each roommate has their own lease, and the subletting question doesn't arise the same way.
HLM and Subsidized Housing
HLM housing and APL-subsidized housing follow specific rules. Subletting is generally prohibited there, except in very specific cases (e.g., subletting to an elderly or disabled person). Penalties can be harsher, including loss of the right to housing.
Checklist: Subletting Without Getting Caught
Before considering a sublet:
- Verify that the dwelling is indeed governed by the law of July 6, 1989 (primary residence, unfurnished or furnished lease)
- Re-read the lease: does a clause expressly prohibit subletting? (even without a clause, written consent is still required)
- Identify the type of subletting planned: full, partial, tourist, short-term
- Calculate the maximum allowed rent: the amount of the primary rent, excluding charges
To obtain the landlord's consent:
- Send a written request to the landlord (preferably by registered letter)
- Specify the duration of the sublet, the subtenant's identity, and the planned rent
- Attach a draft sublease agreement
- Wait for the landlord's written consent, covering both the principle AND the price
- Keep a copy of the consent
During the sublet:
- Never exceed the capped rent
- Inform the subtenant of their status: they have no rights against the owner
- Check that the home insurance covers subletting
- Declare subletting income to the tax authorities
Possible Actions
You Are a Tenant and You Sublet Without Consent
Regularize immediately. Notify the landlord in writing, propose an amendment to the lease or a subletting agreement. If the landlord discovers the situation before you act, termination is almost inevitable. Better to take the initiative.
If the landlord starts proceedings, consult a legal professional quickly. The restitution of profits is a heavy financial penalty, but a well-built defense can limit its scope.
You Are a Landlord and You Discover Unauthorized Subletting
Don't terminate the lease yourself: termination must be ordered by a judge. Start with a formal notice to the tenant, reminding them of Article 8 of the 1989 law and asking them to stop the subletting. If the tenant doesn't respond, take the matter to the judicial court.
You can also seek a court order requiring the tenant to return the rent collected from the subtenant. That's a powerful negotiation lever.
Before starting proceedings, check that your lease doesn't contain a clause that complicates the situation. An analysis of your contract can clarify your options.
FAQ
Can I sublet a room in my apartment without the owner's consent?
No. Partial subletting is subject to the same rules as full subletting: the landlord's written consent is mandatory, including on the price.
Can the subletting rent be higher than the primary rent?
No. Article 8 of the 1989 law caps the subletting rent at the amount of the primary rent. Any amount above that is unlawful.
What does the subtenant risk if the subletting is irregular?
The subtenant has no rights against the owner. They can be evicted without notice or compensation. Their only recourse is against the primary tenant, who misled them.
Is Airbnb subletting considered subletting under the law?
Yes. Short-term tourist rental of a dwelling leased as a primary residence is subletting subject to the landlord's written consent. Without that consent, it's illegal.
Can a lease clause completely prohibit subletting?
Yes, a clause can prohibit subletting. But even without a clause, the landlord's written consent remains mandatory. The clause only reinforces the legal prohibition.
Is free accommodation of a relative considered subletting?
No. Housing someone for free, with no financial consideration, is not subletting. It's a right protected by law, which no clause can prohibit.
If you're unsure how your situation qualifies, have your lease analyzed to check the applicable clauses.
Sources
- ANIL – Unfurnished rental lease: amount and duration of the rental contract
- ANIL – Furnished rental lease: contents and mandatory clauses
- ANIL – Tenant obligations for furnished rentals
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 change 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.