Subletting on Airbnb in Nice: what a tenant risks and what a landlord can do

What article 8 of the law of 6 July 1989 says

For homes let unfurnished or furnished as a main residence, the reference text is article 8 of law no. 89-462 of 6 July 1989. It sets a simple rule: the tenant may neither assign the lease nor sublet the home, except with the landlord's written consent, including on the rent.

The same article adds three decisive points. The rent per square metre of living space charged to the subtenant may not exceed that paid by the main tenant. The tenant must give the subtenant the landlord's written authorisation and a copy of the current lease. Finally, if the main lease ends, the subtenant has no rights against the landlord.

• Verbal agreement, a "no problem" over the phone or silence do not amount to consent: it must be in writing.
• Consent must cover both the principle of subletting and the price.
• A clause in the lease prohibiting subletting makes things even clearer: the answer is no, unless there is new written consent.

The rent cap makes holiday subletting very difficult

This is the point many tenants discover too late. Even with the landlord's written consent, the sublet rent per square metre may not exceed that of the main lease. Yet the whole financial appeal of Airbnb for a tenant lies precisely in the gap between a monthly rent and a nightly rate, especially in Nice in summer or during Carnival.

In other words, a "profitable" holiday sublet runs head-on into the wording of article 8. The only truly comfortable framework is one in which the landlord gives explicit written consent, fully informed, on the conditions and the price. In that case, both parties would be wise to have the agreement reviewed by a legal professional, as the way the cap applies to nightly lettings can be open to debate.

The ruling of 12 September 2019: sublet income goes back to the owner

The Court of Cassation (third civil chamber, 12 September 2019, appeal no. 18-20.727) settled a question the lower courts had been grappling with since Airbnb took off. In that case, the home had been sublet on the platform without the landlord's consent. The Court upheld the termination of the lease and the order to repay the sums earned from the sublets.

The legal reasoning is worth noting. The Court relied on articles 546 and 547 of the Civil Code: unless the sublet was authorised by the landlord, sublet rents received by the tenant are civil fruits that belong to the owner by accession. The tenant therefore cannot keep them, even if they otherwise paid their own rent on time.

This approach has since been applied regularly by the courts. For a tenant, the maths is quick: not only does the Airbnb income not stay with them, they may also lose their home and be ordered to pay damages if the landlord proves a separate loss.

In Nice, local rules apply to tenants too

Even with the landlord's written consent, a tenant who lets short-term falls under the holiday let (meublé de tourisme) regime, with all its obligations. Nice's rules are among the most tightly regulated in France.

For the full picture, see our page on change of use in Nice and our guide to the registration number.

What the law requires of platforms

Platforms are not mere noticeboards. Article L324-2-1 of the French Tourism Code, most recently amended by law no. 2024-1039 of 19 November 2024 (known as the Le Meur law), requires any holiday-let platform to inform the host of their declaration or authorisation obligations and to obtain from them, before the listing goes live, a sworn statement confirming compliance with those obligations, stating whether the home is their main residence, and giving the declaration number. That number must appear on the listing.

Local authorities may also request activity data on listings from platforms. For a tenant subletting without consent, this means the listing leaves a trail: sworn statement, number, calendar, review history. These can then be used by the town hall, or by a landlord in legal proceedings.

Social housing: an outright ban

For social housing (HLM) tenants, the question does not even arise. Service-public.fr is unequivocal: it is forbidden to let social housing as a holiday let. Subletting is generally prohibited, with a few narrowly defined exceptions (housing elderly or disabled people in particular) that have nothing to do with holiday letting.

The consequences are similar to the private sector: termination of the lease, eviction, and an obligation to repay the sums received. For a social landlord, an Airbnb listing is a particularly serious breach, since the home is allocated on a means-tested basis to a household that must live in it.

The risks for a tenant who sublets without consent

To sum up, a tenant who lists their home on Airbnb without the landlord's written consent faces several risks, which can add up:

• Court-ordered termination of the lease, followed by eviction. The subtenant also loses any right to occupy.
• Repayment of all sublet income to the landlord, on the basis of the ruling of 12 September 2019.
• Damages if the landlord proves a loss (damage to the flat, disturbance in the building).
• Nice-specific administrative penalties: exceeding 120 days, no registration number (fines of €10,000 or €20,000), no change of use (up to €100,000 per dwelling).
• Tax: sums received and then repaid raise tricky reporting questions. Only a chartered accountant can tell you how to handle your situation.
• Insurance: a claim arising during an undeclared sublet is quite likely not to be covered by the tenant's home insurance.

Landlords: how to spot it and respond

In Nice, unauthorised subletting mainly affects small, well-located flats: Old Nice, the port, Jean-Médecin, the Promenade. The warning signs often reach the building's managing agent before the owner.

The legal alternative: entrust your property to a concierge

If a tenant tried to run your flat on Airbnb, there is often real potential. The question then becomes: why not capture that income yourself, by the rules? It is the owner who can apply for the necessary authorisations, register the holiday let, obtain the registration number and choose the right tax regime.

La Joyeuse Conciergerie manages flats in Nice on behalf of their owners, under a management mandate and with the carte G licence, in line with local rules. A commission of 20% excl. VAT (24% incl. VAT) of revenue, all-inclusive and with no lock-in, a €250 repair fund provided by the owner for small jobs, and a detailed report every Friday. If your property cannot obtain change of use, the mobility lease managed with Cabinet Immobilier Nice (15% excl. VAT, i.e. 18% incl. VAT) offers a legal route for furnished lets of 1 to 10 months.

For the owner, the difference is clear: the income comes straight to them, the flat is looked after between stays, guests are verified, and the building knows whom to contact. Rather than putting up with hidden activity in their own flat, the owner is in control, with an identified contact and regular reports.

To find out what your flat could earn as a legal short-term let, request a free income estimate, or discover our Airbnb concierge service in Nice.