The rental of accommodation in France does not offer all rights. And subbook without the explicit authorization of the owner can cost you much more than a simple reminder. Whether you are a tenant in a budget or attempted by an additional income through Airbnb, it is better to know what you are exposing yourself.
Legally prohibited without a written agreement
The civil code is clear: the sublet of an apartment is prohibited without the writer's written agreement. Article 8 of the law of 6 July 1989 requires the tenant to request a formal authorization. A simple oral tolerance or the lack of reaction is not enough. This prohibition applies to all forms of Sublet, whether short -term (Airbnb) or long -lasting.
This violation is considered a serious violation of the lease. The owner may request the judicial termination of the lease contract and the expulsion of the tenant, even if he pays the rent in time. The risk is therefore not only administrative: you lose your accommodation.
Reimburse the sums received: a real financial risk
The danger does not stop at expulsion. In the case of trial, the tenant could be ordered to repay the owner with all the sums collected through the Sublet, including the income generated on platforms such as Airbnb. The jurisprudence is constant on this point.
The owner may also require damage for moral prejudice or the degradation of the peaceful use of the property. In some cases, this can be done in thousands of euros. It is therefore not a simple reminder to be ordered, but a real financial sanction.
Airbnb and Sublet: the explosion of disputes
With the rise of short -term rentals, in particular through Airbnb, the disputes have multiplied. Many tenants transform their main residence into a tourist furnished room without authorization. The owners, warned by neighbors or platforms, are more and more of legal action.
The Town Hall of Paris, for example, guided an offensive against illegal sub-stages and collaborates with platforms to identify unauthorized accommodation. In the tense area, penalties can also include administrative fines of up to 50,000 euros in case of non -compliance with the change of use.
In case of roommate: shared risks
As part of a roommate, the temptation is excellent for a roommate to «replace» another part during the lease. Without the official rewriting or agreement of the lessor, this remains an illegal subbook. And all signatories of the lease may be held responsible for the consequences.
A single flaw can endanger all rental. The owner has the right to request the termination of the lease for all tenants and each can be jointly responsible for reimbursements.
Do not play with fire for a few hundred euros
The Sublet may seem attractive, especially in a context of purchasing power by means of a tree. But the game clearly does not apply the candle. Risk your roof, your money and your tranquility for a short -term benefit often lower than potential consequences.
Because the subbook in illegality is to believe that we will win a little … and we will lose a lot.
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