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You pay rent for offices that are only half occupied. Teleworking has gone through this, your teams are spinning. The natural reflex? Sublet. Recover part of the rent by hosting another business in your spaces.
On paper, the idea is appealing. In practice, subletting in France is more complex than it seems. Between legal prohibitions, authorizations to be obtained and imposed rent ceilings. But there is a alternative that few renters know, and which allows you to make the most of your spaces with much more freedom: the contract for the service agreement.
This is probably the solution you were looking for. Here's why.
Why classic subletting is different
Subletting is not allowed by default. The article L145-31 of the Commercial Code is clear: without written permission from your lessor or a specific clause in your lease, you simply don't have the right to sublet.
Subletting rent is capped. The same article requires that the sublet rent does not exceed your main rent in proportion to the areas. In other words: if you were hoping to make a margin, you're off to a bad start.
The lessor must be notified with each contract. With each new subtenant, you must invite your landlord to “participate in the act”. If you prefer short-term contracts with a frequent rotation of occupants, prepare time for administrative work.
Many tenants are discovering these constraints. thereafter have started. And it is precisely at this point that they also discover that there was another, much simpler path.
Service agreement: the concept in 30 seconds
The idea is simple.
Instead of renting part of your premises to another company (subletting), you offer them a service : access to workstations, internet connection, meeting rooms, meeting rooms, coffee, cleaning, reception... All in a contract of service agreement, governed by the Civil code (Items 1710 et seq.) and not by the Commercial Code.
The occupier does not “rent” anything. He is buying a service. It does not acquire any rights to your premises. And you are completely out of the legal framework for subletting.
Why does it change everything for you as a tenant
No need for permission from the lessor (in the vast majority of cases)
Since you are not subletting in the legal sense of the term and you are offering a service, you generally do not need the prior agreement of your landlord.
⚠️ However, be careful: some leases contain broader clauses, for example prohibiting “any provision of premises to third parties, in any form whatsoever”. Before you start, review your lease carefully. When in doubt, always ask your landlord.
No rent limit
It is one of the most concrete advantages. In the service agreement, you charge for a service at a freely negotiated price. No cap in proportion to your main rent. If your offices are well located, well equipped, and you offer quality services, you can bill accordingly and potentially more than making up for your own rent on shared surfaces.
No formalities to repeat to each occupant
Is a new provider coming? You sign a classic commercial contract. No mandatory notification to the lessor, no cumbersome procedure. Perfect if you are operating with rotating occupants.
Total flexibility over time
You set the conditions. No minimum duration, or maximum imposed by law, the contract adapts to your reality.
Find out why Sopra Steria opted for the service agreement for 7 years with Sora
The essential clauses to include in your contract
A good contract for the service agreement is not a subletting contract with another name. In order for it to be solid and to withstand any questioning, it must be carefully written.
The object of the contract: a service, not a space.Describe the services you offer: workstations, furniture, furniture, internet, reception, maintenance, meeting rooms. The more “service-based” the offer is, the more flawless the contract will be.
The price: a global package.Avoid presenting your pricing as “rent per m²”. Choose a monthly fixed price that covers the entire service. This is a strong signal for judges in case of litigation.
The obligations of each party.Internal regulations, professional liability insurance for the occupant, conditions of use of spaces and equipment.
💡 Sora advice: Use the right operator. Sora accompanies you throughout the contractual part, by providing you with documents ready to be adapted to your needs.
And taxes in all of this?
The income from your service agreement is operating income, subject to corporate tax (or income tax depending on your status). They are normally integrated into your result.
Take action
You have square meters that are just waiting to work for you. The service agreement offers you a flexible legal framework to make them profitable, without the constraints of subletting, without depending on the goodwill of your owner, and without capping your income.
It is still necessary to structure the offer, find the right occupants, and manage daily life. That's where it comes in Sora : our platform supports businesses from A to Z to transform their unused spaces into revenue. Adapted contracts, matching with qualified occupants, automated invoicing: everything is designed so that you can focus on your business.
Businesses like Fnac Darty already trust us. What if it was your turn?
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