Illegal subletting: what exactly are we talking about?

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Subletting occurs when a tenant makes all or part of their accommodation available to a third party in exchange for payment , while remaining the leaseholder. The real-world problem is that subletting is sometimes "disguised": daily comings and goings, suitcases, key boxes, online listings, disturbances in the building... and no one can obtain clear proof.

It's important not to confuse things: hosting a relative for a few nights isn't automatically subletting. However, when there's financial compensation and repeated arrangements, the issue becomes legal and often contentious. Public Service

What does the law say (and why does evidence matter)?

In the private rental sector, the rule is fundamental: the tenant cannot sublet without the landlord's written consent , including on the rent amount . This is explicitly stipulated in Article 8 of the Law of July 6, 1989. (Legifrance)

In practical terms, if you are a landlord (or agency) and suspect unauthorized subletting in Cannes, your concern isn't simply to "think that." You need dated, detailed, and corroborated evidence that will allow your lawyer to choose the right course of action: amicable discussion, formal notice, legal action, lease termination, compensation for damages, etc.

Service- Public also points out that, depending on the lease and the situation, subletting may be prohibited or subject to prior authorization, and that the rules vary between private and social housing.

Mistakes to avoid: protecting your rights without crossing the line

When you feel wronged, the temptation is great to act quickly: “I’m going to go in”, “I’m going to film”, “I’m going to listen behind the door”, “I’m going to set up a device”… This is precisely where many cases become fragile.

Evidence obtained through privacy violations or home invasions can become inadmissible or even backfire. Therefore, the goal is to document facts without resorting to intrusive methods and to maintain a consistent approach: your actions must be easily explainable, without any ambiguity.

This is also why using a professional is often relevant: private investigation (detective work) is defined by the Internal Security Code as the collection of information “intended for third parties, with a view to defending their interests,” within a regulated framework. (Legifrance)

What evidence is useful and how can it be collected properly?

In a case of illegal subletting, the most useful evidence is rarely “spectacular”. Above all, it is solid : repeated, cross-checked, and understandable.

Here are some examples of elements which, combined, can make a difference (depending on the situation):

1) Field observations

• frequent turnover of occupants, arrivals/departures at characteristic times;

• presence of suitcases, groups, visible codes/key boxes;

• observation of uses (doorbell, access, key handover) with respect for the premises.

2) Temporal coherence

The judge (and your lawyer) likes chronology: dates, times, frequency, duration. A single incident is often questionable. A body of evidence spanning several days or weeks is more compelling.

3) “Public” cross-checks

Depending on the situation, one can also cross-reference information accessible without intrusion: elements of the announcement, marketing indicators, correlations of periods, etc. The idea is not to "build a case against someone", but to dispel doubt and to be objective.

How does AzurX Investigation operate in Cannes , Nice , Antibes (specifically)?

At AzurX Investigation, the approach is structured, so that the case is usable and you can remain calm:

1) Initial confidential exchange (without judgment)

You explain the situation: type of lease, co-ownership, signals, background, objectives.

2) Clear mandate and legal scope

We define the mission: where, when, how, and above all what we do not do .

3) Field investigation

Discreet, factual, with note-taking and methodology (dates/times/observations).

4) Investigation report

The report summarizes the findings in an understandable way, with a clear evidentiary approach. In civil matters, evidence is generally freely admissible, but it must remain fair and lawful: this is the guiding principle of the work. (Legifrance )

5) Contact with your lawyer

If you already have a consultant, we will align with their strategy. Otherwise, the report can serve as a basis for discussion with a consultant.

AzurX operates in Cannes , but also in Nice , Antibes , Monaco and more broadly in the 06 region, with a simple positioning: to help you defend a legitimate interest, properly .

And then what: what to do once the facts are established?

Once the facts are clarified, several paths exist, which should be adapted to your context:

• Amicable solution : sometimes, a structured exchange + reminder of the rules is enough to stop the practice.

• Formal notice / formal procedure : useful when the situation drags on or repeats itself.

• Procedure : when the disturbance is significant (damage, deterioration, neighborhood disturbances, risks), your lawyer will choose the appropriate course of action.

The key point: the clearer your case, the more likely you are to avoid unnecessary escalation… and regain control.

Conclusion: Proceed calmly, step by step.

Illegal subletting is often a mix of uncertainty , interpersonal tensions (with co-owners, neighbors), and property risks . The best response is not to rush into things: it requires a deliberate, factual, and legally sound approach.

If you suspect unauthorized subletting in Cannes (or on the French Riviera), AzurX can help you assess the situation and gather useful evidence. To get started, I invite you to visit the “contacts” page for an initial, confidential, and no-obligation discussion. (Legifrance)

FAQ

How much does a private investigator cost in Cannes?

The cost depends on the time required, the number of trips, and the complexity (frequency of rotations, time slots, duration). The simplest approach is to explain your situation during an initial consultation to define a clear and proportionate scope.

Is it legal to have a property monitored in the event of illegal subletting?

Yes, provided it remains within a legal framework: the objective is to establish facts useful for defending your interests, without intrusion or invasion of privacy. Private investigation activities are governed by the Internal Security Code. (Legifrance)

Can a private investigator's report be used in court?

In civil matters, a report can be submitted as evidence, but it must be obtained lawfully and without illegal means. The more rigorous the methodology (dates, facts, cross-checking), the more useful it will be to your lawyer. Public Service

What are the risks for a tenant who sublets without the landlord's written consent?

The law requires a written agreement from the landlord (including on the rent). If this agreement is not respected, the landlord can take action depending on the circumstances (particularly regarding the lease). A lawyer can advise you on the most appropriate strategy.