Subletting in France: landlord's written consent, rent cap

The three conditions in the private sector

Article 8 of the 1989 Act sets three rules, which apply to unfurnished and furnished lettings alike:

1. The landlord’s written consent, “including on the amount of rent”. Oral or tacit consent is not enough. Exception: a tenant aged 60 or over who sublets part of the home to a young person under 30, under intergenerational home-sharing, only informs the landlord, who cannot object (service-public.gouv.fr, F2449).
2. Capped rent: the price per m² of surface habitable (habitable floor area) of the sublet premises cannot exceed that paid by the main tenant.
3. Handing over to the subtenant the landlord’s written authorisation and a copy of the current lease.

Example: a tenant pays €900 for 60 m², i.e. €15 per m². If they sublet a 12 m² bedroom, the rent for that room cannot exceed 12 × 15 = €180.

The same written-consent rule applies to assignment of the lease: the tenant may transfer their contract only with the landlord’s written consent (art. 8).

What rights does the subtenant have?

The sublet contract is not governed by the rest of the 1989 Act: article 8 specifies that its other provisions do not apply to it. Above all, when the main lease ends, the subtenant cannot claim any right against the landlord nor any right of occupation (art. 8). They have no right to remain in the premises (service-public.gouv.fr).

In practice, the subtenant should therefore check the written authorisation and the end date of the main lease before committing. A partial sublet should not be confused with a colocation (flatshare), where each flatmate is a tenant in their own right.

Social housing: prohibition and exceptions

Subletting a social housing home in its entirety is prohibited (service-public.gouv.fr; CCH (Construction and Housing Code), art. L442-3-5). A partial sublet is possible in three cases:

• to a person over 60;
• to a disabled adult;
• to a young person under 30, if the tenant is themselves 60 or over, under the cohabitation intergénérationnelle solidaire scheme (intergenerational home-sharing) (code de l’action sociale et des familles (Social Action and Families Code), art. L118-1).

The tenant informs the social landlord beforehand; for a young person under 30, the landlord cannot object. The subtenant pays a share of the rent and charges in proportion to the floor area sublet (service-public.gouv.fr). In a home subject to the loi de 1948 (1948 Act on old controlled tenancies), subletting the whole home is possible with the owner’s written authorisation, at a rent equal to the tenant’s (service-public.gouv.fr).

Short-term rental platforms

A tenant who wants to let their home as a meublé de tourisme (furnished holiday let), for example on a platform, must first obtain the owner’s written consent; it is best to request it by registered letter with acknowledgement of receipt (service-public.gouv.fr, F33175). Without consent, service-public.gouv.fr treats the case as unauthorised subletting: the tenant may be ordered to pay the owner the sums received, and even damages, and risks termination of the lease and eviction (F33175). In social housing, letting the home as a holiday let is prohibited (F33175). Before publishing the listing, the platform must also obtain a sworn statement confirming, among other things, the owner’s consent (F33175).

On top of this come the rules on meublés de tourisme (furnished holiday lets): letting one’s main residence is limited to 120 days a year, and since 1 January 2025 the municipality can lower this cap to as little as 90 days; listings must carry a registration number (ANIL, analysis of Act no. 2024-1039). See meublé de tourisme : fiscalité (holiday let tax) and changement d’usage (change of use of a home).

Summary by type of home

Penalties

Subletting without authorisation can lead to termination of the tenant’s lease and of the subtenant’s; the tenant may also be ordered to pay the landlord the amount of sublet rent received (service-public.gouv.fr).

Which professional to consult

An agent immobilier (estate agent) who manages the property can draft the written subletting authorisation and check the rent cap per m². If the home belongs to an indivision (joint ownership) or a company, or if the lease is being assigned, a notaire (notary) can confirm who is entitled to give consent.