Faced with a common practice, owners must remain vigilant to protect their property. In the event of illegal subletting, recourse exists to obtain compensation.
Written authorization to sublet
Subletting, consisting of renting all or part of a home that you rent yourself, in exchange for financial compensation, remains a common practice. “although generally prohibited by rental leases”indicates Garantme, a platform specializing in rental guarantees.
Tenants often resort to this practice, especially when traveling abroad or during vacations.
In the legal framework, according to article 8 of law n°89-462 of July 6, 1989, the subletting of accommodation by its tenant is prohibited without the written agreement of the lessor owner, including for the amount of the rent.
“The terms and conditions differ depending on whether the accommodation is furnished or not, and the conditions must be scrupulously respected for subletting to be legal”he notes.
Gather evidence of subletting
Several measures can be taken. “We must gather evidence of this subletting, then inform the tenant of the ban on this practice,” advises Garantme. Subletting must cease. »
Possible sanctions against the tenant
In the event of unauthorized subletting, the tenant is exposed to several sanctions: termination of his lease for legitimate and serious reasons, payment to the owner of the amount of subrents collected, payment of damages in the event of damage, as well as liability for any damage caused by the sub-lessee.
