LexInter | September 6, 2011 | 0 Comments


Section 5: Subletting

Article L145-31

Unless otherwise stipulated in the lease or agreement of the lessor, any total or partial subletting is prohibited.
In the event of authorized subletting, the owner is called upon to contribute to the act.
When the rent of the sublet is higher than the price of the main rental, the owner has the option to demand a corresponding increase in the rent of the main rental, an increase which, in the absence of agreement between the parties, is determined according to a procedure set by decree of the Council of State, in application of the provisions of article L. 145-56.
The tenant must inform the owner of his intention to sublet by extrajudicial act or by registered letter with acknowledgment of receipt. Within fifteen days of receiving this notice, the owner must make known whether he intends to take part in the act. If, despite the authorization provided for in the first paragraph, the lessor refuses or fails to respond, he is ignored.

Article L145-32

The sub-tenant may request the renewal of his lease from the main tenant to the extent of the rights that the latter himself holds from the owner. The lessor is called upon to participate in the act, as provided for in article L. 145-31.
At the end of the main lease, the owner is only required to renew if he has, expressly or tacitly, authorized or approved the subletting and if, in the event of partial subletting, the premises subject to of the main lease do not form an indivisible whole materially or with the common intention of the parties.
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