Subletting your home on Bnb platforms... how does it work?
It is tempting to sublet your home on Bnb rental platforms. But what are your rights and how does it actually work?
You are ready to head off on holiday and your suitcase is packed. Your home is going to sit empty for a while… and what a shame to keep paying the rent anyway! The rental platforms (such as Airbnb, Abritel, GuestToGuest…) are tempting, but you are not sure whether you are allowed to sublet your home? Subletting is indeed a complex subject, full of restrictions! In this article we explain how subletting works, along with our tips for subletting without the headaches.
What is subletting?Subletting is defined as hosting individuals in your home in exchange for payment.
By putting your home on the market, you become its manager: you decide which rooms are on offer, set the price and choose the tenants. Be careful though, there are subtleties. For example, the rent you charge cannot exceed the rent you pay your landlord. When you offer a sublet, you are not free to make every decision. The French law of 6 July 1989 is a reminder of this: without your landlord's agreement, subletting is prohibited!
How do you sublet?To sublet entirely legally, you must therefore obtain your landlord's agreement. To do so, you need to send a written request by recorded delivery, stating the amount of rent you intend to charge. Do not take your request for granted! Your landlord has the right to refuse without giving any justification. So tread carefully! To give yourself the best possible chance, you can offer to share the income generated by the sublet with your landlord (20% of the amount, for instance).
Deciding to sublet without their agreement is done at your own risk, as you could lose your home without notice. And that is not all: the subtenant also has a say. You are required to provide them with the landlord's authorisation and a copy of the current tenancy agreement. We therefore strongly advise you to obtain your landlord's agreement and to draw up a subletting contract with them (amount, payment date, obligations, conditions for handing the property back, duration, etc.). This is a necessary safeguard, because you are liable for the subtenant and their actions.
Systems that make life easierDo all these steps sound tedious? We understand. Take a breath: we have solutions to help you set off with complete peace of mind, namely property management companies! They specialise in short-term and long-term rentals across the various Bnb rental platforms. Smartrenting and Hostnfly both offer a service designed for sublets. And there is more! The estate agency Century21 has signed a landmark agreement with Airbnb to manage sublets.
A quick reminder: to offer your home on Airbnb as a sublet, it must be your main residence (occupied for at least 8 months a year) and you must not exceed 120 days of subletting.So, has your landlord given you the go-ahead to sublet your home? Excellent, you can now earn rental income while you are away! But where do you start when it comes to subletting your home? Here are our tips:
Frequently asked questions
Can my landlord refuse my sublet request ? Yes, your landlord has the right to refuse without providing a reason. That's why it's recommended to offer them an arrangement, such as sharing the income generated. A registered letter with a reasonable rental amount increases your chances of obtaining their approval.
What do I risk if I sublet without permission ? You risk losing your housing without notice. This is a major consequence that fully justifies obtaining your landlord's written consent before starting any sublet activity.
Must I provide a copy of my lease to the subtenant ? Yes, you are required to provide the subtenant with a copy of the current lease and the landlord's authorization. These documents protect them and also protect you in case of dispute.
Can the rent I charge exceed the rent I pay to my landlord ? No, the rent you charge cannot exceed the rent you pay to your landlord. This is a legal limit that applies when subletting.
What should be included in a sublet agreement ? A sublet agreement must specify the rental amount, payment date, obligations of each party, conditions for returning the property, and the duration of the sublet. This is an essential document that protects you.
Who can help me with my sublet process ? Specialized concierge services like Smartrenting and Hostnfly offer services tailored to subletting. Some real estate agencies, such as Century21, have also reached agreements with platforms to facilitate your process.
Before you get started, here's a summary of the essential conditions and steps to sublet legally.
| Step or condition | Detail or restriction |
|---|---|
| Obtain landlord's consent | Written request by registered letter with the proposed rent amount. The landlord may refuse without justification. |
| Rent amount | Cannot exceed the rent you pay to your landlord. |
| Inform the subtenant | Mandatory transmission of a copy of the current lease and landlord's authorization. |
| Draw up a sublease contract | Amount, payment date, obligations, return conditions, duration. You remain responsible for the subtenant. |
| Conditions for Airbnb | Primary residence occupied at least 8 months per year, maximum 120 days of subletting per year. |
| Risk if not complied with | Loss of your housing without notice if you sublet without authorization. |
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