You are a tenant and want to sublet your apartment, how to proceed ?

To sub-let their accommodation, for short or longer periods of time, it is necessary to observe two conditions. Here they are in detail.

A sub-lease cannot be granted without a minimum of legal constraints. Thus, a tenant, who sub-leased his apartment via the website Airbnb, has recently been sentenced to pay a 2 000 euros fine for its owner to be enriched in the sub-lease on time a room of his dwelling.

indeed, if, in accordance with article 8 of the law of 6 July 1989, the sub-letting of unfurnished accommodation is not prohibited, it is nevertheless framed. First condition : the lessee must obtain the prior written consent of the lessor, who may refuse it without justification. However, in the case mentioned, it is by discovering an advertisement posted on the website of rentals between private individuals that the owner has learned that her tenant sub-leased his apartment.

The sub-lease must not enrich the tenant

Second condition : the rate per square metre of the sub-lease must not be greater than that of the rental. Again, the rule was not respected. While he was paying a rent of 2 500 euros per month for a six-piece, the tenant offered to rent one of the rooms 450 € per week or € 1 500 per month. If, in this judgment, the tenant was sentenced to a fine, sometimes, this illegal practice may result in the termination of the lease.

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As for the case of furnished accommodation, there was until now no legal provisions regarding the sub-lease. But for the contracts signed since the march 27, that is to say, since the entry into force of a number of provisions of the law Alur, the rules are the same for the rental and empty the furnished rental. Thus, the tenant of furnished accommodation must comply with the two conditions previously mentioned to be able to sublet the dwelling.

Finally, even authorized, the sub-lease has risks. The main tenant, in case of unpaid or damages caused by his sub-tenant, remains liable to the owner. Hence the importance for the renter to check that its sub-tenant is adequately insured. As for the sub-tenant, he may lose his housing if the primary tenant decides to give her leave. To avoid unpleasant surprises, the drafting of a contract of sub-lease is always preferable. There will be a set of items such that the amount of the rent, the term of the lease, the terms and conditions of cancellation, the reciprocal obligations of the principal tenant and sub-tenant, etc

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