Types of Rentals

Types of Rental Agreements

On the private rental market, several types of rental arrangements exist. The most common are subletting, flat-sharing, and lease transfer.
Each situation involves specific rights and obligations for tenants.

Subletting

Subletting occurs when a tenant makes all or part of their rented accommodation available to another person. This may involve:

  • an entire dwelling (studio or apartment)
  • a room within an apartment

The tenant must obtain prior consent from the landlord and provide the terms of the sublet (duration, rent, identity of the subtenant).

The landlord may refuse subletting only in the following cases:

  • the tenant refuses to provide the subletting conditions
  • the subletting conditions are abusive (e.g. excessive rent)
  • the subletting causes significant inconvenience to the landlord

In a subletting arrangement:

  • the main tenant becomes the landlord vis-à-vis the subtenant
  • the main tenant remains responsible under the primary lease
  • there is no direct contractual relationship between the landlord and the subtenant

Although not legally required, it is strongly recommended to conclude a written sublease agreement.

Flat-sharing (Shared Accommodation)

Flat-sharing refers to a situation where several people jointly sign a lease agreement with the landlord for the same dwelling.

Flatmates are generally bound by joint and several liability. This means that each tenant may be held responsible for the full rent and for complying with all lease obligations.

If one flatmate wishes to leave before the end of the lease, the landlord is not obliged to automatically accept a replacement tenant. An amendment to the lease or a new contract may therefore be required.

Lease Transfer

A lease transfer occurs when a tenant wishes to leave their accommodation before the end of the contract or without respecting the notice period.

In this case, the tenant may be released from their obligations by proposing a replacement tenant who is financially reliable and objectively acceptable, and who is willing to take over the lease under the same conditions.

If these conditions are met, the landlord must release the outgoing tenant on the date the new tenant is ready to take over the accommodation.

In practice, the landlord may request a rental guarantee (deposit), generally corresponding to a maximum of three months’ rent.

The outgoing tenant may also offer the incoming tenant the option to take over the furniture for a fixed price. The new tenant remains free to accept or refuse this offer.

Key Points

  • Subletting requires the landlord’s consent.
  • In flat-sharing, tenants are generally jointly liable for the lease.
  • A lease transfer allows a tenant to leave before the end of the contract by proposing a suitable replacement tenant.

Beware of Scams

In the private rental market, it is important to remain vigilant. Before making any payment:

  • never pay without having visited the property or verified the landlord’s identity
  • be cautious of urgent or unusual payment requests
  • check that the contract and the information provided are consistent

If in doubt, take the time to verify all information before making any payment.