Subletting in Paris: what the law allows, for tenants and subtenants alike

In Paris, sublet listings pop up every time someone leaves for an internship, a work assignment or a posting abroad. For the tenant who is away for a few months, it is a way to avoid paying rent on an empty flat. For someone looking for a home, it can seem like the only door left ajar. But subletting (sous-location) follows strict rules, and most of the offers in circulation do not respect them.

The principle: forbidden without the landlord's written consent

For a home let unfurnished or furnished as a main residence, article 8 of the law of 6 July 1989 is clear: the tenant may neither assign the lease nor sublet the home without the landlord's written consent, including on the amount of the rent. A verbal agreement, a "no problem" on the phone or a vague message is not enough.

The rule applies whether you sublet the whole flat or a single room, for a few weeks or several months. It does not cover free accommodation, however: putting up a relative or a friend without asking for money is not subletting.

The conditions of a lawful sublet

• The landlord's written consent, covering both the principle of the sublet and the amount charged to the subtenant.
• A capped rent: the price per square metre of living space charged to the subtenant cannot exceed the one paid by the main tenant. You therefore cannot sublet a room for more, per square metre, than the whole flat.
• Documents handed to the subtenant: the tenant must give them the landlord's written consent and a copy of the current lease.
• A written agreement between tenant and subtenant, setting the duration, amount, service charges and any deposit. It is not strictly required, but it is the best protection for both parties.

What a tenant risks by subletting without consent

The tenant remains solely liable to the landlord: unpaid rent or damage caused by the subtenant is the tenant's responsibility. An unauthorised sublet can also justify a court terminating the lease.

Above all, the French Supreme Court (Cour de cassation) has ruled that, unless the landlord consented, the sublet rents collected belong to the owner and must be paid back (Cass. 3e civ., 12 September 2019, no. 18-20.727). In that Paris case, tenants who had been letting their flat to tourists had to hand over all the money they had received.

Holiday lets: the 90-night limit in Paris

Letting your home to tourists, even occasionally, is also a form of subletting when you are a tenant: the landlord's written consent is still essential. On top of that comes the specific rule for furnished holiday lets: since 1 January 2025, a main residence can only be let this way for 90 nights a year in Paris, down from 120, with a registration number required on the listing.

For subtenants: what to check before paying

A subtenant has no direct rights against the landlord. If the main lease ends (notice, termination, the tenant moving out for good), the subtenant no longer has any right to stay, even if their own agreement was still running. Before paying anything, ask for:

• the landlord's written consent, including the amount of the sublet rent;
• a copy of the main lease, to check the surface area, the rent and how long it still runs;
• a signed sublet agreement with a planned end date.

Be wary of offers that look too good, of payments requested before any viewing, or of "owners" based abroad: fake sublets are one of the classic scenarios of rental scams in Paris.

Safer alternatives

For a need of one to ten months (internship, assignment, training), the bail mobilité gives you a real contract signed with the landlord, with no security deposit. To share a large flat, flat sharing with a single lease or individual leases gives everyone a clear status. And if you are leaving your home for good, it is better to give notice properly than to sublet it in the meantime.

FAQ

My landlord has not answered my request: can I sublet?

No. The law requires written consent. Without an answer, treat the sublet as not authorised.

Can a subtenant claim housing benefit?

An authorised sublet set out in writing can give access to housing benefit, under the usual conditions. An undeclared sublet cannot.

Can I sublet a room in my flat to a student?

Yes, with your landlord's written consent and within the cap: the rent for the room, per square metre, must not exceed what you pay.

In conclusion

Subletting can be useful, provided it is authorised in writing and properly set up. For the subtenant, it remains a fragile solution that does not replace a lease in their own name. That is exactly what we look for on behalf of our clients: a home with a real lease, signed directly with the owner or their agency. Book an appointment with APPARTE to talk it through.

This article provides general information that is up to date at the time of publication. For a specific situation, have your rights checked by a professional (ADIL, lawyer or notary).