A1 REAL ESTATE

Is it legal to sublet?

Subletting is a practice whereby the holder of a rental contract partially (or entirely) makes his dwelling available to a third party with a financial consideration. 

Without any consideration, we cannot talk about subletting.

The tenant is entitled to receive freely the persons of his choice.

The landlord can decide whether or not to grant permission to his tenant to sublet. If he does not wish to give his consent, he does not have to justify his refusal. If he agrees, he will confirm it in writing to his tenant. The landlord can not only agree to the principle of subletting, but also to the price of the rent. 

The nature and use of a property also affects the possibility of subletting or not a residence. For example , it is forbidden to sublet low-rent housing except in specific cases:
  • The tenant-landlord is an association or a social organization for vulnerable groups (students, disabled, etc.)
  • The subtenant is an elderly person, a young person under 30 years of age, a disabled person or holder of an approval from the general council
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