Subletting your apartment, your Hyères concierge explains your rights and duties to sublease properly

It is often considered that a tenant renting a property has the right to dispose of it as he wishes. Thus, as long as he pays his rents on time, your tenant can leave his accommodation empty or take advantage of his accommodation to offer room and board to whomever he wishes. However, is it in his right to sublet his apartment? Because, we can understand, if your tenant leaves for several months, rent can quickly weigh on the budget. Subletting is therefore a good way not to lose money and can be real good news for both parties. But what can you demand as an owner? Your Hyères concierge tells you all about subletting. 

Can you sublet your accommodation 

Subletting is a perfect idea for tenants with a limited salary. But is it legal? 

Sublet your apartment as a tenant

If we follow the definition, the subletting of an apartment is practiced by the tenant himself. It is the fact of making part or all of one's accommodation available to a third party with financial compensation. If the tenant hosts friends, family or others free of charge, this will not be considered a sublet. 

Be careful though, if the tenant leaves the accommodation to accommodate third parties, even free of charge, this may be similar to subletting. Under the law, subletting is not a legal practice. Nevertheless, it is established that the tenant can sublet his apartment if and only if the landlord gives an explicit agreement (by means of a written approval). 

A sublet made without the agreement of the owner gives the latter the right to request the termination of the lease as well as damages. The tenant also exposes himself to penal sanctions. So be careful before you start without permissions. 

The sublease seen by the owner

As an owner, you have the right to oppose a sublease. Indeed, although the accommodation is under contract in the name of your tenant, he cannot transfer your property to someone else without your consent. Subletting is prohibited in principle, whether the accommodation is furnished or not, and is automatically included in the appendix to the rental contract. 

However, there is an exception: the case of intergenerational cohabitation. This allows elderly people living alone to offer a young person under thirty years of age cohabitation with minor financial compensation. In this case, the owner must be informed, but can in no way oppose it. 

Social housing is also a special case. These cannot be sublet (even with the agreement of the owner), except in the case of intergenerational cohabitation. 

Obligations in the event of subletting

Subletting your apartment is therefore possible with the agreement of the owner. But how to make a sublease without risking fault? 

Tax obligations

Once the project has been accepted by the initial lessor, the tenant becomes responsible for the subletting. He will therefore have to do what is necessary in the event of non-payment or damage to the accommodation. For his own interest, the tenant must check that the third party to whom he transfers part or all of his accommodation has insurance. In addition, the issuance of a sublease agreement is a necessity that the tenant must put in place to protect themselves. 

During the subletting, the main tenant must declare all the rents he receives. If the accommodation is furnished, he will have to declare them in the form of industrial and commercial income. If it is empty, they will be transmitted as non-trading profits. 

Your cHyères conciergerie draws your attention in the case of an Airbnb sublease. Indeed, the owner cannot exceed a maximum of 120 days if it is his main residence. Beyond this ceiling, the accommodation must be registered as a secondary residence with your municipality. 

Setting up the sublease contract

Subletting your apartment is not taken into account by the legislation. This is why there is no legal framework regarding the content of a sublease agreement. This is called a “Civil Code” contract, meaning that it is governed only by the general provisions of the Civil Code. The main tenant therefore has a certain freedom to draw up the said contract between him and the sub-tenant. 

In general, the contract between the two parties includes: 

• the duration of the lease;
• the terms of termination; 
• the amount of the rent and the date of payment; 
• the amount of the security deposit and the conditions for its return;
• the commitments made by the sub-tenant and the main tenant; 
• the terms of renewal of the contract; 
• etc. 

The tenant must attach the owner's written agreement to the sublease agreement. 

The price of a sublet is controlled and cannot exceed the amount paid by the main tenant for the occupation of the accommodation. When you sublet part of your accommodation, you must apply a rent according to the living space granted to the sub-tenant. Once the price is fixed, you must submit it to the owner to obtain his agreement. 

Your Hyères concierge will accompany you in your steps

At YourHostHelper, we believe that Airbnb rental should be accessible to everyone to allow you to lighten your expenses and take advantage of the available space in your accommodation. Subletting your apartment is possible as a tenant, but also as an owner. Through Airbnb platforms, you can sublet part or all of your main residence for a total of 120 days (continuous or throughout the year). 

Your Hyères concierge helps you manage your subletting by taking responsibility for publishing your ads and selecting your tenants according to your criteria. We take care of the cleaning of your accommodation at the end of each rental and ensure the smooth running of reservations by remaining available for tenants and owners. 

Subletting your apartment is a good way to make your home profitable. Whether it is unoccupied or you are making part of your residence available, subletting is only possible with the owner's written consent. It is then advisable for the main tenant to protect himself by writing a contract and ensuring the viability of the sub-tenant. For owners, subletting is possible thanks to Airbnb. Your Hyères concierge helps you make your main residence and your secondary residence profitable.