Does the tenant have the right to accommodate whoever he wants in his apartment without the owner’s permission? This is the question answered today by Charlie Cailloux, advisor for the real estate site PAP.fr.
franceinfo: Can the tenant accommodate a relative without asking the owner’s approval? We imagine that yes …
Charlie Cailloux: Yes, the tenant is sovereign in his home, it is his home, his private life, and he can therefore accommodate whoever he wants, as he wishes, without the owner having to complain about it. Whatever the proximity link between the tenant and the guest or the duration of the accommodation, the owner has nothing to reproach the tenant. And besides, the tenant does not even have to notify the landlord.
So there is no limit? Even if the tenant accommodates 10 people in his studio?
Yes, of course ! The tenant is responsible for neighborhood disturbances caused by the occupants of his accommodation, and he must assume the damage caused to the accommodation. Depending on the severity of the disturbances, this could justify breaking the lease.
As an indication, the law provides criteria for overcrowding, that is to say a minimum number of m2, beyond which it is considered that there are risks to the health of the inhabitants: for a normal occupation, we need 9 m2 for a single person, 16 m2 for a couple and 9 m2 for each additional person.
Accommodation is therefore authorized within the limit of a minimum area. On the other hand, subletting is prohibited. What is the difference between hosting and subletting?
In a sublet, there is a sublet that the sub-tenant pays to the tenant and very often, the tenant no longer lives in the premises personally. And that is forbidden! It is forbidden but difficult to prove for the owner who cannot know the financial relationship between the tenant and the sub-tenant.
On the other hand, when the sublet is proven, the penalty is very heavy since beyond the termination of the lease, the owner can obtain the payment of the sublet received by the tenant (this was recently the case in particular for tenants who had sublet their accommodation on Airbnb).
Does the person who is accommodated have housing rights?
No, she cannot claim any right to the accommodation: if the tenant or landlord gives leave, the lease is terminated and she must leave at the same time as the tenant. There is one exception: in the event of the tenant’s death, his ascendants and descendants can request the transfer of the lease if, and only if, they have been living with the deceased for at least one year.
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