Swapping as a renter:
your rights explained simply
Great news: as a renter, you have the right to host someone temporarily in your home. Home swapping falls within this legal framework.
💡 The essentials: home swapping is a form of gratuitous loan for use (or "commodatum"), a fundamental tenant right. You can host someone for free, as you would a friend — without prior authorization, unless your lease says otherwise.
You have the right to host someone
Fundamental principle: as a renter, you have a "right to peaceful enjoyment of the home" (French Civil Code Articles 1719 and 1728, Law No. 89-462 of July 6, 1989). Within this framework, you may host someone temporarily and free of charge, subject to your lease clauses and informing your landlord.
Source: French Civil Code, Article 1719 (landlord's obligation to guarantee peaceful enjoyment) and Article 1728 (proper use of the home).
In practice: you can host a friend, a family member, or someone you swap homes with. As when a friend stays with you, there is no prior authorization to request, but it is strongly recommended to inform your landlord out of transparency and to meet your rental obligations.
✅ What you can do without authorization
- ✓Host someone for free in your home
- ✓Lend your home temporarily (gratuitous loan for use)
- ✓Swap your home with someone (free, temporary swap)
- ✓Be away while someone occupies your home
⚠️ The limits: 1) Your lease must not contain a clause prohibiting hosting third parties. If such a clause exists, it may be justified (condo rules, employer-provided housing) or abusive depending on context — consult a lawyer. 2) You must inform your landlord of the temporary occupancy (good faith obligation and proper use of the home).
Home swapping = a gratuitous loan for use
Legal framework: home swapping is similar to a "gratuitous loan for use" (or "commodatum", French Civil Code Articles 1875–1891), with an important nuance: as a renter, you are not the owner of the property.
Principle: you exercise your right to enjoy the home by temporarily and freely hosting someone. Legally, this is "free, temporary sub-hosting" within your tenant rights.
Home swapping shares the same characteristics as a gratuitous loan for use: free, temporary, and reciprocal. You host someone in your rented home while you stay in theirs.
✓ Characteristics of a gratuitous loan for use
- →Free (no financial consideration)
- →Temporary (defined duration)
- →Return of the property after use
- →Agreed use (habitation)
✓ Tenant rights
- →You may lend your home
- →You remain a tenant (lease in force)
- →You remain responsible for the home
- →You pay your rent as usual
💡 In summary: home swapping is not subletting (which requires landlord approval). It is a gratuitous loan for use, a fundamental tenant right, tolerated by default unless your lease says otherwise.
Swapping is not subletting
Home swapping
- ✓Free & non-profit: no money exchanged
- ✓Temporary: a few weeks or months
- ✓Reciprocal: you also stay at the other person's place
- ✓With notice: the landlord is informed
- ✓Relational: based on mutual trust and a desire to share
Subletting / Airbnb
- ✗Paid & for profit: you charge people and earn money — the relationship is transactional
- ✗One-way: you do not stay at their place
- ✗Prohibited without approval (and often refused)
- ✗Impersonal: no relationship with occupants; sometimes less care for the home
💡 Why it matters: landlords are often wary of Airbnb (noise, wear, turnover…). Swapping is completely different: temporary, non-profit, and based on trust. Much easier to accept!
Pre-departure checklist
📋 Before you leave
- Landlord informed about the swap
- Home insurer informed (optional but recommended)
- Swap contract signed with the other person
- Move-in/move-out condition report planned
- House guide written (WiFi, upkeep, neighborhood…)
🏠 During the swap
- You keep paying your rent as usual
- You remain reachable if something goes wrong
- The swap partner respects house rules
- Regular communication to check that all is well
How to protect yourself and your home
Even if you have the right to host someone, it is essential to protect yourself and your home. Here is how.
1. Your home insurance
Good news: standard home insurance generally covers temporary free occupancy (hosting a third party). You do not need special insurance like for Airbnb.
✓ Recommendation:
"I will temporarily host someone in my home as part of a free home swap (gratuitous loan for use). Does my policy cover this situation?"
→ In 99% of cases, the answer is yes, because you remain the tenant and responsible for the home.
→ In the rare case of a refusal, ask what coverage to add or switch insurers.
2. Your swap partner's insurance
Ask the person you swap with to provide a valid home insurance certificate. It is extra protection in case of a claim (fire, water damage…).
💡 Tip: your swap partner also has home insurance for their own place. It often covers them for liability even when they temporarily occupy another home.
3. The swap contract
Write a simple contract between you and your swap partner. It sets the rules and binds both parties.
Elements to include:
- → Swap dates
- → Addresses of both homes
- → Responsibilities (upkeep, utilities, possible damage)
- → Move-in and move-out condition reports
- → Contact details and insurance certificates
→ &Swapp automatically generates this contract for you.
4. Condition report
Make a condition report with photos/videos before you leave and after you return. If damage is found, you will have proof to request repairs.
Tip: email photos to each other (automatic timestamp) for dated proof.
💡 In summary: standard home insurance is usually enough. Notify your insurer, ask for your partner's certificate, sign a contract and do a condition report. You are protected.
Should you tell your landlord?
You do not need formal authorization because this is not subletting. However, in good faith and to respect proper use of the home (Civil Code Article 1728), you must inform your landlord. Advance notice is strongly recommended, and may be required depending on your lease.
Temporary free hosting is tolerated unless your lease says otherwise. You remain responsible for the home.
⚠️ Risks of not informing them
- →Lease termination: although rare, the landlord could cite a breach (Civil Code Article 1728)
- →Conflict: discovering the occupancy can destroy trust
- →Insurance: in case of a claim, the insurer may refuse coverage if occupancy was not declared
- →Bad faith: hard to prove good faith if you did not warn the landlord
✉️ Sample letter to inform your landlord
Subject: Notice of temporary occupancy of my home
Hello [Landlord name],
I am informing you that I will temporarily and freely host [Full name] in my home from [date] to [date], as part of a reciprocal home swap. I will simultaneously stay at this person's home in [city].
This is temporary, free hosting (no financial consideration). I remain the tenant and responsible for the home, continue paying rent, and my home insurance covers this temporary occupancy.
I am attaching [Full name]'s home insurance certificate and a swap contract signed between us.
Kind regards,
[Your name]
→ Send by registered mail with return receipt or email with read confirmation.
💡 Our legal advice: ALWAYS inform your landlord in writing (registered letter or email with read receipt) before any swap. It is a good faith obligation (Civil Code Article 1728) and protects you legally. You do not need to ask for authorization, but you must inform.
How we make it even more accessible
Ready-to-use letter templates
Customizable templates to inform your landlord. Fill in, send, done.
Secure swap contracts
Automatically generate a legal swap contract between you and the other person. Everything is framed and reassuring for everyone.
Step-by-step guides
We support you from A to Z: from landlord notice to the condition report.
Legal support
A question about the legal framework? Our team responds quickly to reassure and guide you.
Our mission: make swapping a simple, reassuring process, not an obstacle course.
Sign upFrequently asked questions
My lease prohibits subletting. Can I still swap?
Yes, in principle. A free swap is not subletting (no financial consideration). It is temporary, free hosting, tolerated within your right to enjoy the home. A clause prohibiting subletting does not apply to free hosting. You must still inform your landlord in writing.
My lease says "no hosting of third parties." What should I do?
STOP: consult a lawyer immediately. A clause prohibiting hosting third parties may be justified (strict condo rules, employer-provided housing…) or abusive (disproportionate restriction). Case law varies. Do not proceed without legal advice. Contact ADIL, CNL, or a real estate lawyer.
Do I need to ask for permission?
You must inform, not ask for permission. Temporary free hosting is not subletting (no prior landlord approval needed). But you have a duty to inform (good faith, Civil Code Article 1728). Send an informational letter/email before the swap.
What if the swap partner causes damage?
You remain responsible to the landlord. That is why you need: 1) a swap contract, 2) verification of the partner's insurance, 3) a condition report. If damage is found, you can turn to the swap partner (contract in hand).
Does my home insurance cover swapping?
Yes, in 99% of cases. Your insurance covers temporary free occupancy (hosting). Still notify your insurer by email for confirmation. No professional insurance needed like for Airbnb.
My apartment is too small to swap, right?
Not at all! People often look for city apartments for remote work or discovering a neighborhood. A well-located studio in Lyon or Paris is worth far more than a suburban house. Size is not a barrier.
Can I swap several times a year?
In theory, yes. If swaps remain free, temporary, and not repeated with the same people, it is tolerated. BUT beware: too-frequent swaps could be reclassified as disguised subletting or abusive use of the home. Inform your landlord of each swap and consult a lawyer if you swap more than 2–3 times a year.
📚 Legal sources
- → Law No. 89-462 of July 6, 1989 (landlord and tenant obligations)
- → French Civil Code: Article 1719 (landlord's obligation to guarantee peaceful enjoyment)
- → French Civil Code: Article 1728 (tenant responsibility and proper use of the home)
- → French Civil Code: Articles 1875 to 1891 (Gratuitous loan for use / Commodatum — for reference)
- → Service-Public.fr: Tenant rights and obligations
- → ANIL (French National Housing Information Agency): Free hosting
⚠️ Legal disclaimer: This information is provided for informational purposes only and does not constitute personalized legal advice. Rental and property law is complex and depends on your situation (lease, clauses, local case law). If in doubt, IMPERATIVELY consult a real estate lawyer or a tenants' rights organization (ADIL, CNL, CSF…). &Swapp cannot be held liable for misinterpretation or misapplication of this information.
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