Everything you need to know about office subletting

Do you have office space that you're not using to the full? Subletting could be the ideal solution for you! Whether you're a corporate tenant looking to make the most of vacant space, or a company looking for a flexible way to set up your teams, subletting offers great opportunities.

But in concrete terms, how does it work? What are the advantages, risks and best practices for a successful office sublease? We tell you all about it in this comprehensive guide.

Office subleasing: definition and operation

Office subletting involves a tenant company renting out all or part of its office space to another company. This practice is generally governed by the initial lease contract, which must explicitly authorize or prohibit subletting. For companies seeking greater flexibility or lower costs, this solution is often highly advantageous..

The legal framework for office subleasing

According to article L145-31 of the French Commercial Code, office subletting is prohibited unless expressly authorized by the lessor. What's more, if the lease authorizes subleasing, the lessee must inform the landlord of this fact and the terms of the sublease.To guarantee the legality of this practice, it is therefore imperative to carefully check the clauses of the initial lease. Non-compliance may result in termination of the commercial or professional lease, or even financial penalties.

The different types of sublease

There are several ways to sublet office space, depending on your needs and the configuration of the space:

• Partial sublease: the tenant subleases part of the premises while continuing to occupy them.
• Full sublease: the entire office space is sublet to another company.
• Temporary sublease: the space is made available for a fixed period, often to meet a specific need of the subletter.
• Coworking via sub-letting: the tenant offers his or her space as coworking space to several sub-tenants.
• Shared offices: several companies use the same space to share costs, often in a business center or coworking space.

The advantages of office subleasing

Space optimization

Subletting allows you to make the most of unused office space, particularly in the event of internal reorganization or downsizing.

Lower rental costs

By subletting part of its office space, a tenant company can lighten the financial burden of its lease. The income generated by subletting covers part of the rent or service charges.

Flexibility and adaptability

Subtenants often benefit from shorter, less restrictive leases than traditional commercial leases.

Opportunity for collaboration

Co-location with another company can generate synergies and fruitful collaborations, particularly in business districts or business centers.

Case studies : Companies that have opted for subletting

• Tech start-up X: Following a downsizing, it sublet part of its offices in a downtown office building, reducing its rental charges by 30%.
• Creative agency Y: Transformed its offices into a coworking space via sublease, attracting freelancers and boosting its visibility.
• SME looking for flexibility: Sub-letting allows costs to be shared, while encouraging interaction between companies.

Disadvantages and risks to anticipate

Legal risks

If the initial lease prohibits subletting, the principal tenant is liable to penalties. Failure to obtain the landlord's authorization may result in termination of the lease and eviction compensation costs.

Managing relations between occupants

Co-habitation with another company requires good understanding and clear organization, especially in shared spaces or open-plan offices.

Legal and financial liability

In the event of disputes or damage, the main tenant remains liable to the owner.

Tips to minimize risk

To secure your sublease, it's important to :

• Check that the lease authorizes subletting.
• Obtain a written agreement from the landlord or lessor.
• Draw up a clear sublease agreement setting out the responsibilities of each party.
• Keep the sublease in line with the term of the main lease.
• Include specific clauses on rental charges and liability in the event of a dispute.

How do you set up an office sublease?

To ensure that the sublease runs smoothly, there are several essential steps to take:

• Check that the initial lease allows subletting.
• Obtain the landlord's written agreement.
• Draw up a detailed sublease contract in compliance with legislation.
• Include reversibility clauses in the event of early termination.
• Ensure transparency of charges and responsibilities, particularly in the case of shared use of meeting rooms or common areas.

For companies looking for office sublease contracts

If you're looking for an office sublease, there are a few key points to consider in order to find the right option. Whether you need a private space in a business center, an open-space office in Paris or a shared office in a dynamic neighborhood, the important thing is to identify your priorities right from the start.

• Identify your priorities: surface area, location, length of lease and services included are key criteria.
• Consult targeted offers: Use specialized platforms to find office space for rent that's right for your business.
• Check contract compliance: Before signing, make sure that the contract clearly sets out the rights and obligations of each party.
• Optimize the layout: A sublet space must remain functional and flexible to adapt to the needs of the occupants.

Deskeo and office subleasing

At Deskeo, we support companies in their search for workspace optimization solutions, including office subleasing. Thanks to our expertise, we can help you find the ideal office to sublet or move into, whether you're looking for a coworking space, an individual office or a flexible office floor. Would you like to discuss your project? We'd love to hear from you!

In a nutshell

Office subletting is a flexible, cost-effective solution for companies looking to optimize their workspace. Whether you're a start-up, an SME or a large corporation, this practice can be a strategic way of streamlining your costs, while offering a space tailored to the needs of your teams.