Landlord, what to do if your tenant sublets his or her unit?

Air B'n B, Homelidays, these are the most common platforms for seasonal furnished rentals. If some owners find there the occasion to rent their property punctually, it is less and less rare today to meet tenants who take advantage of their rental to, punctually or not, propose their accommodation on these sites.

However, contrary to what the platforms for putting landlords and tourists in touch with each other might be tempted to believe, renting all or part of one's accommodation for a few days is not done in a few clicks, and obeys clear rules.
Whether it is a seasonal rental or a sublet, these rules are strictly applied in Paris, where the supply of accommodation is low and the flow of tourists is high.
Indeed, seasonal rentals of second homes in cities with more than 200,000 inhabitants are subject to a registration obligation through a specific procedure with its town hall.

In addition, the subletting of a dwelling must comply with two specific conditions:
- a written authorization from the lessor
- the rental must not be at a higher rate, per square metre, than the rental itself.

In a word, the sub-lessee can't get rich from his accommodation.

Also, if you notice that your tenant offers his accommodation for seasonal rental (or overnight stay), you have the right on the one hand to ask for damages and interest, but also to cancel his rental contract, and thereby, to make him leave it.

In addition, the Court of Cassation, in a decision dated September 12, 2019, upheld the decision that ordered the tenant to return the subleases it had received without the lessor's consent. The sub-rents collected constitute civil fruits that belong by accession to the owner.

The procedure is as follows:

First of all, you must be able to provide proof of subletting the accommodation. To do so, you can obtain certificates from neighbours, guards, for example, but we would advise you to to have a report drawn up by a judicial officer

With this act, you will bring the absolute proof of the reality of the renting of the apartment on an internet platform, as well as the price per night or per stay, which, as we have seen, is an essential element.

Afterwards, with the help of this observation, three cumulative possibilities are offered to you:

• On the one hand, you can summon your tenant before the tribunal d'instance (exclusive jurisdiction of the tribunal d'instance under article R221-38 of the Code de l'Organisation Judiciaire) in order to obtain damages. The first decision in this regard was handed down on February 13, 2014 by the Paris 9th District Court, which sentenced the tenant to 2,000 euros in damages.
• On the other hand, on the basis of non-compliance with the tenant's obligations, you can initiate eviction proceedings: this involves enforcing the resolutory clause of the lease providing for peaceful use of the lease and complying with the clauses of the lease.
• Finally, you can give notice for the end date of the lease, for the legitimate reason that is the non-respect of the clauses of the lease.

Your bailiff is at your disposal to choose between these steps and to explain them to you in detail.