Commercial Leases/Business Goodwill

Subletting concluded without the authorization of the principal lessor or without the lessor having participated in the act, or without subsequently giving tacit approval, is irregular. The irregular subletting is not null: it is not enforceable against the owner of the premises, but as long as the principal tenant retains possession of the premises, the subletting produces all its effects in the relations between the contracting parties .

Cass. 3e civ., 30 March 1978, LawLex202200010441JBJ.

328. Irregular nature of subleasing