Subletting A Home: Is It Legal?

Published On: May 6, 20220 Comments on Subletting A Home: Is It Legal?Tags: Last Updated: January 31, 20244 min read

If subletting can be a tempting practice for a tenant, it is only possible with the express agreement of the owner. Here are the conditions to be met and the steps to be taken if you wish to sublet your apartment.

Subletting A Home

Subletting: An Advantageous Practice for the Tenant

Do not leave your accommodation unoccupied during an absence, share your rent from time to time… Several reasons can make you want to sublet your accommodation. How legal is this practice? As part of the subletting of an apartment or a house, the tenant holding the current lease makes all or part of his accommodation available to a third party against payment of apartments in Tribeca for rent or working hours… This solution should not be confused with colocation where all tenants are tied equally to a lessor. Here, the sub-tenant is only linked to the tenant, who is only linked to the lessor.

What Does the Law Say About Subletting

The subletting of an empty accommodation is prohibited by article 8 of the law of July 6, 1989. To sublet your apartment, you need the written consent of the lessor. The latter must also agree to the amount of rent requested from the sub-tenant. This amount cannot exceed the rent of the official tenant. In order to obtain the owner’s agreement, the tenant must send his request by registered mail with acknowledgment of receipt or by bailiff. The subletting of a furnished apartment remains free in the absence of a clause providing for the agreement of the lessor, if the lease was signed before March 27, 2014. For leases signed after this date, the Alur law imposes for furnished rentals the same terms and conditions as for empty accommodation.

The Apartment Sublease Contract

Once the express agreement of the lessor has been obtained, a contract detailing the terms of the sublease must be drawn up between the main tenant and the sub-tenant. The official lessee is also required to provide the lessor’s written authorization and the copy of the current lease to the sub-lessee. Under the law, subletting is not subject to any time limit, but the contract is automatically canceled at the end of the main tenant’s lease. The latter is entirely responsible for the shortcomings of his sub-tenant (unpaid bills, damage, etc.) vis-à-vis his landlord, no legal relationship existing between these two parties. The contract must therefore be accompanied by an entry and exit inventory and set a notice period.

Subletting A Home - new tenant

Even if a sublet can be considered as a rental of furnished accommodation, for which home insurance is not mandatory, it is preferable that the subtenant has such insurance to cover damage in the event of damage. water or fire. Civil liability also makes it possible to be covered in the event of damage caused by the negligence of the sub-tenant. The sub-tenant is perfectly authorized to apply for housing assistance from the CAF (Caisses d’Allocations Familiales).

The Tax Implications of Subletting

Income from furnished subletting is to be declared as industrial and commercial profits (BIC). It should also be noted that the main tenant, if he rents his bare apartment, can sublet his furnished apartment. If the tenant sublets only part of his main dwelling, the rented rooms constitute the main residence of his sub-tenant, and he asks for a reasonable rent not exceeding the ceilings set by the tax authorities ($191 /m 2 per year in Île-de-France and C $141/m 2 per year in other regions in 2021, charges not included), it benefits from a tax exemption on all of its revenue. Income from an empty subleased rental is to be declared as non-commercial profit. In all cases, this subletting income must be declared as taxable income.

What if the Landlord Refuses to Sublet the Apartment?

Your lessor is under no circumstances required to accept a sublease request by law, without having to justify his choice. Since this refusal is often due to the fear of facing unpaid bills and seeing his property escape his control, as a tenant, you can suggest that he implement a more reassuring solution, such as:

  • Changing the lease by course with the help of an amendment in order to transform the rental into a joint tenancy, the sub-tenant becoming a tenant in the same way as the main tenant and the two being bound by a clause of solidarity and indivisibility of the rent.
  • The establishment of a new rental contract directly with the sub-tenant, whose owner will take care to check the solvency.

Subletting an apartment without authorization can have serious consequences for the tenant, ranging from the termination of the lease to the payment of damages. It is therefore a practice to be initiated in complete transparency with its owner.

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