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Can a tenant sublet their home?
Verified 24 July 2025 - Directorate of Legal and Administrative Information (Prime Minister)
Subletting consists in letting all or part of the dwelling from which one is a tenant. Depending on the signed residential lease, subletting may be prohibited, or permitted under certain conditions. In general, the owner must be informed beforehand, or even obtain his written authorization. Conditions may also restrict the choice of subtenant. We explain the regulations according to whether the rented accommodation depends on the private or social park.
What applies to you ?
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Private sector housing
The rules of subletting are different according to the signed residential lease:
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Empty housing
“Classic” subletting
The tenant must first obtain the written agreement of the owner. This agreement is about subletting and on the amount of rent charged for the sublease.
The amount of the rent to the m2 of living space requested for subletting cannot exceed the one asked of the tenant.
Please note
It is preferable to send the request for authorization by registered letter with acknowledgement of receipt.
It is possible to use a document template:
Ask the owner's permission to sublet his home
The tenant must then send the sub-tenant the written sub-lease authorization that he has received from the owner and a copy of the current lease.
The duration of the sublease may not exceed that of the tenant's lease.
If the tenant's lease ends, the sub-tenant has no right to the landlord, nor any title of occupation for the dwelling.
Warning
Subletting without authorization may result in termination the lease of the lessee and the lease of the sublessee. The tenant may also be ordered to pay the landlord the amount of sub-rents received, or even damages in the event of damage.
Intergenerational coexistence in solidarity
A tenant 60 years of age or older must first inform the landlord of his intention to sublet part of his dwelling to a young person under 30 years of age, as part of a solidarity-based intergenerational cohabitation contract. The owner cannot object.
Please note
It is best to send a registered letter with acknowledgement of receipt to the owner.
The tenant aged 60 or over can then enter into a solidarity-based intergenerational cohabitation contract with a young person under 30.
The tenant and the young person can freely agree on the duration of the cohabitation and the financial contribution paid by the young person (for example: part of the rent). They may also agree that the young person is committed to providing small services to the tenant (for example: a time of presence and sharing some evenings of the week).
When the tenant or young person wants to end the sublease, the notice period is one month.
Furnished rented accommodation
“Classic” subletting
The tenant must first obtain the written agreement of the owner. This agreement is about subletting and on the amount of rent charged for the sublease.
The amount of the rent to the m2 of living space requested for subletting cannot exceed the one asked of the tenant.
Please note
It is preferable to send the request for authorization by registered letter with acknowledgement of receipt.
It is possible to use a document template:
Ask the owner's permission to sublet his home
The tenant must then send the sub-tenant the written sub-lease authorization that he has received from the owner and a copy of the current lease.
The duration of the sublease may not exceed that of the tenant's lease.
If the tenant's lease ends, the sub-tenant has no right to the landlord, nor any title of occupation for the dwelling.
Warning
Subletting without authorization may result in termination the lease of the lessee and the lease of the sublessee. The tenant may also be ordered to pay the landlord the amount of sub-rents received, or even damages in the event of damage.
Intergenerational coexistence in solidarity
The tenant must first inform the landlord of his intention to sublet part of his dwelling to a young person under 30 years of age, as part of a solidarity-based intergenerational cohabitation contract. The owner cannot object.
Please note
It is best to send a registered letter with acknowledgement of receipt to the owner.
The tenant of 60 years or more can conclude an intergenerational cohabitation contract with a young person of less than 30 years.
The tenant and the young person can freely agree on the duration of the cohabitation and the financial contribution paid by the young person (for example: part of the rent). They may also agree that the young person is committed to providing small services to the tenant (for example: a time of presence and sharing some evenings of the week).
When the tenant or young person wants to end the sublease, the notice period is one month.
Housing called "law of 48"
The rules are different depending on whether the accommodation is sublet in full or only part:
Sub-letting of the entire accommodation
The tenant of a housing known as the "1948 act" may sublet it in full, provided that you obtain written authorization of the owner. The tenant must request authorization by registered letter with acknowledgement of receipt.
The sub-tenant has the right to remain in the premises, even if the tenant leaves the dwelling.
The rent amount of the sublease must be equal to the tenant's rent.
Warning
Subletting without authorization may result in termination the lease of the lessee and the lease of the sublessee. The tenant may also be ordered to pay the landlord the amount of sub-rents received, or even damages in the event of damage.
Subletting part of the dwelling
The rules to follow when subletting part of a housing known as the "1948 act" are different depending on the number of rooms in the dwelling:
Housing from 2 to 5 rooms
The tenant can sublet:
- Or 1 piece
- 2 rooms, 1 or 2 sub-tenants, but the tenant must live alone and be over 65 years old
The tenant must inform the owner the subletting and the price charged to the subtenant, within one month and by registered letter with acknowledgement of receipt, unless the owner has previously given his authorization.
The term of the lease is freely fixed between the tenant and the sub-tenant, but if the lease ends, the sub-lease also ceases.
The subtenant must pay a rent proportionate to the rented area, possibly increased by 20% at most.
Warning
Subletting without authorization may result in termination the lease of the tenant and the sub-tenant. The tenant may also be ordered to pay the landlord the amount of sub-rents received, or even damages in the event of damage.
Housing 6 rooms and more
The tenant can sublet 1 room.
The tenant must inform the owner the subletting and the price charged to the subtenant, within one month and by registered letter with acknowledgement of receipt, unless the owner has previously given his authorization.
The term of the lease is freely fixed between the tenant and the sub-tenant, but if the lease ends, the sub-lease also ceases.
The subtenant must pay a rent proportionate to the rented area, possibly increased by 20% at most.
Warning
Subletting without authorization may result in termination the lease of the tenant and the sub-tenant. The tenant may also be ordered to pay the landlord the amount of sub-rents received, or even damages in the event of damage.
Social housing
The rules are different depending on whether the accommodation is sublet in full or only part:
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All the accommodation
The subletting of a whole social housing is prohibited.
If the tenant does not comply with this prohibition, the landlord may ask the judge to terminate the tenant's lease and the subtenant's lease.
Part of the accommodation
Subletting part of the social housing is possible provided certain conditions are met:
To an elderly or disabled person
The tenant must first inform the landlord of his intention to sublet part of the accommodation to a person over 60 years of age or adult disabled, in the framework of a family care contract.
Please note
It is advisable to send a registered letter with acknowledgement of receipt to the lessor.
The tenant can then conclude a family reception contract with a person (the sub-tenant) over 60 years of age or an adult with a disability.
The tenant must provide the sub-tenant with a copy of the lessor's written authorization and a copy of the current lease.
The duration of the sublease is unlimited.
The sub-tenant must pay part of the rent and charges, proportionate to the sublet living space.
To a young person under 30
The tenant must first inform the landlord of his intention to sublet part of his housing to a young person under 30 years, as part of a solidarity-based intergenerational cohabitation contract. The lessor cannot oppose it.
Please note
It is advisable to send a registered letter with acknowledgement of receipt to the lessor.
The tenant of 60 years or more can then conclude a solidarity intergenerational cohabitation contract with a young person under 30 years.
The young person must pay part of the rent and charges, proportionate to the sublet living space. The tenant and the young person may also agree that the young person undertakes to render small services to the tenant (for example: a time of presence and sharing some evenings of the week).
The tenant and the young person freely agree on the duration of the sublease.
When the tenant or young person wants to end the sublease, the notice period is one month.
Who can help me?
Find who can answer your questions in your region
Administrative information by phone - Allô Service Public
For more information on this subject, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.
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The informants who answer you belong to the ministry in charge of housing and city planning.
- Departmental Agency for Housing Information (Adil)
Empty and furnished housing (furnished lease signed since March 27, 2014)
Housing "law of 48" (general rules of subletting)
Housing "law of 48" (sublease rent)
Social housing: subletting prohibited, except exceptions
Social housing: subletting to the elderly or disabled
Sublet to a person under 30
Definition of intergenerational cohabitation in solidarity
Document template
Service-Public.fr
Service-Public.fr
National Agency for Housing Information (Anil)