Are you heading off on an Erasmus exchange, an internship, or a professional assignment for a few months, and wondering what to do with your apartment while you’re away? “Unregulated” subletting is risky: without a legal framework, you could face termination of your lease by your landlord—or even legal action. Fortunately, French law has created a tool designed specifically for this situation: the mobility lease.
What is a mobility lease?
The “mobilité” lease is a short-term furnished rental agreement (1 to 10 months) established by the ELAN Act of 2018. It was designed for people on the move: students, interns, employees on temporary assignments, and individuals in vocational training. Unlike a traditional lease, it does not require a security deposit and can be terminated by the tenant at any time with just one month’s notice.
But be aware: the mobility lease pertains to the relationship between a landlord and a tenant. If you are the tenant of your own apartment and wish to sublet it while you are away, the process is slightly different.
Subletting Your Apartment When You're a Tenant Yourself
If you rent your apartment (you do not own it) and are going away for a few months, you cannot sublet it freely: The 1989 law governing residential leases prohibits subletting without your landlord’s prior written consent, which must cover both the sublease itself and the amount of rent offered to the subtenant (which cannot exceed a proportional amount of what you yourself pay).
Specifically, three conditions must be met:
- Your landlord's written consent to sublet
- A valid sublease agreement with your subtenant, often based on the “mobility lease” model if that model applies to the subtenant’s situation (student, intern, etc.)
- A capped sublease rent, which may not exceed the rent you yourself pay, prorated based on the subleased area
Why So Many Homeowners Are Reluctant (and How to Reassure Them)
In practice, many landlords refuse to allow subletting either because they are unaware of the process or because they fear losing control over who occupies their property. This is where professional guidance makes all the difference: by working with a specialized agency, you can reassure your landlord on the three issues they fear most—the subletter’s creditworthiness, the condition of the property when you return, and the legal compliance of the entire arrangement.
The Risks of Subletting Without a Legal Framework
Subletting without your landlord’s consent constitutes a serious breach of contract. Possible consequences:
- Termination of Your Primary Lease, with an Order to Vacate the Premises
- You must personally return all rent collected from the subtenant to the landlord, who may claim any amounts collected unlawfully
- No recourse in the event of a dispute with the subtenant (damage, unpaid rent), since the contract has no legal standing
How to Ensure a Legal and Stress-Free Sublease
- Reviewing Your Lease and Obtaining the Landlord's Written Consent
- Selecting a subtenant —this is often the most time-consuming and sensitive step (credit check, suitability assessment)
- Drafting of the sublease agreement, tailored to the term and profile of the sublessee
- Move-in inspection, key handover, and the subtenant’s purchase of home insurance
- Management During the Sublease Period (Practical Matters, Potential Unforeseen Circumstances)
- Exit inspection upon your return and return of the residence in the agreed-upon condition
What Swwitch Does for You
That’s exactly the process we simplify at Swwitch: we handle the relationship with your landlord, the selection of the subtenant (often a creditworthy and verified international or French student on an exchange program), the drafting of a legally compliant lease, and all the logistics (check-in/check-out, electronic inventory, and support throughout the stay). You can leave with peace of mind, without losing money on rent that you’d otherwise continue to pay while the property remains unoccupied.
Are you leaving soon and have questions about subletting your apartment? Contact Swwitch for turnkey support.
