Can a French tenant sublet on Airbnb?

No, not without the landlord's written consent. Article 8 of the law of 6 July 1989 forbids subletting without it, and the consent must cover both the sublet and its price. The rent per square metre charged to the subtenant may not exceed what the tenant pays. Nightly Airbnb rates almost always exceed that cap. Without consent, the landlord can seek termination of the lease and the sublet income.

The rule#

Article 8 sets four conditions: the landlord's written consent to subletting; written consent to the sublet rent; a rent per square metre of living space no higher than the main tenant's; and giving the subtenant the landlord's written consent and a copy of the current lease. The subtenant has no rights against the landlord when the main lease ends. Service-Public says the rules apply to unfurnished and furnished lets alike.

Why Airbnb almost always breaks the cap#

As we read it, the cap is compared per square metre over the same period. A 40 m² flat let at €800 a month is €20 per m². Sublet at €90 a night for 15 nights, it brings in €1,350 that month, €33.75 per m²: above the cap, even if the landlord had agreed in principle.

What the landlord can do#

According to Service-Public, after a sublet without consent the landlord can seek termination of both the main lease and the sublease; the tenant can be ordered to hand over the sublet rents; damages may be owed if the landlord suffered harm; and the platform that published the listing can also be ordered to pay over the income.

1. Gather evidence: screenshots of the listing with the address or photos, guest reviews, the booking calendar. A bailiff's report on the listing weighs more than a screenshot.
2. Write to the tenant by registered letter: recall article 8, ask them to stop and remove the listing.
3. If nothing changes, see a lawyer or a commissaire de justice about termination and recovering the sublet income. Only a judge orders them.

Social housing and intergenerational cohabitation#

In social housing, subletting the whole home is forbidden, and partial subletting only in limited cases. In the private sector, a tenant aged 60 or over may sublet part of the home to someone under 30 under an intergenerational cohabitation contract, after informing the landlord, who cannot object.

Common mistakes#

• Oral consent, or consent to the principle without the price.
• Letting a known sublet run for months without writing.
• Acting alone: entering the home or removing guests yourself.
• Claiming sublet income without evidence of the amount.

See also the notice period guide and the security deposit guide.

Sources#

• Article 8 of law no. 89-462 of 6 July 1989, subletting (Légifrance, in French)
• Can a tenant sublet their home?, Service-Public (in French)
• Use of the home and works by the tenant, Service-Public (in French)
• Unpaid rent and eviction, Service-Public (in French)

Last checked on 9 November 2026