Subletting: Your Rights and Responsibilities

Leaving for several months abroad and want to sublet your apartment? It's a right recognized by law, provided you follow the correct procedure.

A right, but subject to authorization

As a tenant, you have the right to sublet your property — but you must first obtain written authorization from your landlord, informing them precisely of the conditions: identity of the subtenant, sublease amount, and planned duration. The landlord can only refuse this authorization if the proposed conditions are abusive — an arbitrary refusal isn't valid.

In case of unjustified refusal

If your landlord refuses without valid grounds, you can refer the matter to the conciliation authority to have the proposed subletting conditions declared non-abusive.

The most important point: you remain responsible for everything

This is the most common pitfall: as the primary tenant, you remain fully responsible to your property manager for all lease obligations, including the acts of your subtenant — rent payment, damage to the property, behavior in the building. If your subtenant doesn't pay or causes damage, it's you, and you alone, who answers to the landlord.

How to protect yourself before subletting

1. Verify that the subtenant has liability insurance — it covers any damage they might cause.
2. Draft a written sublease agreement, specifying rent, duration, and conditions — even between friends.
3. Have a rental deposit guarantee set up at a bank, with the amount stated in the written contract.

What to remember

Subletting is a simple right to exercise on paper, but one that fully engages your liability. The difference between a smooth sublet and a costly dispute is almost always decided upfront: proper written authorization, a clear contract, and verified guarantees from the subtenant before handing over the keys.