Your tenant sublets your flat on a platform such as AIRBNB or ABRITEL.
The tenant has collected large sums of rent behind your back, and you want the money back.
If your lease is a residential lease governed by Act no. 89-462 of 6 July 1989, it is essential to obtain your consent before subletting your property (see the AIRBNB decision of 13 September 2019 by the Paris Court of Appeal).
If your tenant defrauds you of your consent, it is then crucial to gather the evidence that will enable you to put an end to the unlawful practices. You are therefore strongly advised to have a bailiff’s report made of the advertisement for your flat that you may have been surprised to see online.
With this bailiff’s report in your possession, you can ask the matchmaking platform to transmit the transaction records for your tenant by taking legal action before the competent court. Matchmaking platforms are cooperative when statements are requested through the courts.
Once you have these records, which show that the terms of the lease have been breached, you can take legal action to obtain the return of any rent you have paid without your consent, to obtain damages to compensate you for the moral and material loss you have suffered, to request reimbursement of your legal costs and, finally, to request that the lease be terminated.
The firm assists landlords throughout France who have been the victims of breaches by their tenants in compiling their cases in order to reach legal or amicable settlements.
If you are a co-ownership trustee and would like to put an end to furnished tourist accommodation in your building, contact us.
