Subletting is something that most of us aren’t aware of. Usually, when you rent an apartment, you have rights, and your landlord cannot encroach on your privacy. However, the landlord also has rights, and their agreement is sometimes necessary for certain situations! This is precisely the case of what interests us here, namely, subletting.
Yes, everything is not so simple. When you rent an apartment, there are rules to follow! Many of you have probably heard of subletting. However, do you know what it is and what rules to follow? If you’re wondering, you’ve come to the right place! By reading this article, subletting will have no more secrets for you!
The risks of subletting without agreement
Without the landlord’s written consent, you run several risks.
Eviction of the occupants and non-issuance of the rent receipt
In case of recognition of illegal subletting, the landlord has the right to terminate the lease contract immediately without giving you any notice or possibility of renewal. Therefore, you do not have the right to a receipt of rent from the landlord. This written document justifies the payment of the rent in full. It shows the good conduct of the tenant and facilitates the search for future accommodation. The receipt of rent must be kept for 5 years.
Repayment of the increase in value and legal action
If you have proof of informal subletting, the landlord has every reason to claim the profits of the subletting from you. Moreover, since it is an illegal act, the landlord can go further with his statement and sue you.
Lack of insurance
According to the law, the subtenant is responsible for the expenses related to the insurance as well as the taxes on the apartment. By acting illegally, no assistance will be guaranteed in the event of a claim. For example, imagine that the subtenant caused a fire in an apartment and affected the entire building. In this case, you would be solely responsible for the damage.
Payment of rental repairs
Subletting an apartment carries a lot of responsibility. In place of the landlord, you will be responsible for paying for any damage caused by the subletting. This can include electrical installations and repairs to a sewage system. Moreover, in your absence, several damages can occur. For example, the overconsumption of energy and the maintenance of plumbing. To top it off, you are at great risk if your subtenant is engaged in illegal activity in your home.
The non-recourse in case of unpaid rent
Unjustified subletting leads to subtenant misconduct. In case of non-payment of the sub-rent, the tenant cannot file a complaint to claim his capital gains.
No access to housing benefit
Illegal subletting prevents you from taking advantage of your right to housing benefits. This is a financial aid granted to support households in paying the rent. In addition to the rent, you should know that the CAF also assists you in the repayment of the housing loans.
Legal formalities for subletting
Article 8 of the law on leases of principal residences imposes the prohibition of subletting without the owner’s consent. The tenant must communicate the project to the landlord to obtain this consent. The landlord’s authorization is materialized by a written contract in which the amount of the sublease is set lower than the initial rent. This document is then sent to the subtenant along with a copy of the lease agreement. You should also know that the tenant has the right to sublet the apartment freely during the initial lease term.
However, the landlord has the right to decline the subletting request without having to justify it. The landlord may also require the tenant to comply with administrative procedures regarding subletting, including payment of tourist tax and declaration of rental.
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