Subletting Your Apartment: What Does the Law Say in France?

However, like any rule, there are exceptions established by law and case law:

• Free Subletting Is Permitted
  The 1989 law specifies that only paid subletting is prohibited. Subletting without financial compensation, therefore, cannot be sanctioned (3rd Civil Chamber, May 12, 2019).
  
  
• Hosting Close Relatives Is Allowed
  The landlord cannot prohibit their tenant from hosting close relatives. Any clause stating otherwise would be considered null and void. The 2006 ENL law extended this right to include anyone not usually living with the tenant.
  
  
• Paid Subletting Under Two Conditions

  A tenant may sublet for a fee if both of the following conditions are met
  
  

The tenant must obtain written consent from the landlord regarding the principle of subletting and the rent amount. This written agreement must be attached to the sublease contract.

The sublease rent must be lower than the rent in the main lease.

For partial subletting (shared occupancy between the main tenant and the subtenant), the calculation must be made pro rata based on the area occupied by the subtenant.

For full subletting, the maximum rent is that of the initial lease.

In principle, subletting does not result in any change in the landlord’s situation. The landlord maintains no legal relationship with the subtenant. The relationship between the tenant and subtenant is governed solely by the provisions of the Civil Code relating to leases, as well as the 1989 law and its amendments.

The primary tenant must uphold their obligations as stipulated in the lease agreement and is fully responsible for the subtenant with respect to the landlord. However, in cases where the tenant fails to meet their obligations, the landlord can take action against the subtenant (and vice versa!).