Vacations represent a significant budget for many households. For some tenants, sublet their apartment during their absence appears to be a way to reduce their expenses and optimize their summer budget. A solution that can free up a few hundred euros to finance part of the stay. But before publishing an ad on a tourist rental platform, it is better to ensure that this practice is authorized.
Renting your accommodation for a few days is not just about putting an ad online. Owner’s agreementco-ownership regulations, rent amount or even housing status: several rules must be respected. Simple negligence can lead to termination of the lease, reimbursement of income from subletting, or even legal proceedings. So many checks to carry out before going on vacation.
Without agreement from the owner, it is impossible to sublet
The first step is to obtain written permission from the owner. No tenant can freely sublet their accommodation, whether for a few nights or several weeks. The lessor must also agree to the amount of rent requested from the subtenant, in accordance with article 8 of law no. 89-462 of July 6, 1989. Posting an ad on a tourist rental platform does not change this rule.
As soon as a third party occupies the accommodation for remuneration, it is a sublease within the meaning of the law. However, the owner’s agreement does not resolve all questions. According to Julien Vater, legal advisorsome tenants neglect the co-ownership regulations. However, this may contain clauses linked to the destination of the building likely to regulate, or even limit, certain short-term tourist rentals when they are assimilated to a commercial activity. A point to check before renting.
The price is also regulated
Obtaining the green light from the owner does not allow you to freely set your price. THE rent per square meter invoiced to the subtenant cannot exceed that paid by the main tenant. The latter must also provide him with a copy of the lease as well as written authorization to sublet. The subletting cannot, moreover, continue beyond the duration of the main lease.
Social housing remains subject to stricter rules
It is impossible to sublet social housing during the holidays. In a social housing (HLM)subletting, even partial, is prohibited. A tenant who offers his accommodation for rental is exposed to the termination of his lease and may also be sentenced to fine of up to 9,000 euros. “The sanction will however be assessed on a case-by-case basis. If the subletting is one-off and ceases immediately at the request of the lessor, the matter can sometimes end there”reminds Julien Vater, legal advisor.
Irregular subletting can be very expensive
“Some tenants think that subletting for a few days is not a problem. However, without the owner’s agreement, the consequences can be significant. The courts can go so far as to terminate the lease when the facts are sufficiently serious. We saw this again in a decision rendered on April 23, 2026where the Paris judicial court terminated the lease of a tenant of Paris Habitat who had sublet his social housing on a tourist rental platform. The judges considered that he had diverted the destination of this accommodation by making financial profit from it”underlines Julien Vater
The owner can request the termination of leaseclaim reimbursement of income from subletting and request damages if he considers that he has suffered harm.
In other cases, courts have also sentenced tenants to return all amounts collected thanks to a sublet carried out without the agreement of the owner. There Court of Cassation notably recalled this in a judgment of the September 12, 2019 (3rd civil chamber, n° 18-20.727), ruling that a tenant cannot keep the income derived from a illegal subletting.
Pay attention to the supervision of tourist rentals
Finally, some municipalities impose specific formalities for short-term tourist rentals. These local obligations are in addition to the rules provided for in the lease and must be verified before any rental.
Subletting your apartment can be a way to reduce your vacation budget. But a few hundred euros of income do not justify neglecting the applicable rules: in the event of an irregularity, the bill can quickly exceed the cost of the trip.
