How to stop abusive subletting? - GOLDWIN Avocats
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How to stop abusive subletting?

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Your tenant sublets your apartment on an AIRBNB or ABRITEL type platform.

The latter has cashed in large sums of rent behind your back, which you wish to have returned to you.

If your lease is a residential lease subject to the law n°89-462 of July 6, 1989, it is essential to obtain your consent before subletting your apartment (see the AIRBNB decision of September 13, 2019 of the Paris Court of Appeal).

If your tenant defrauds your consent, it is then decisive to proceed to the gathering of the beginnings of proof allowing you to stop the illicit practices. It is therefore strongly recommended that you proceed with a bailiff’s report of the advertisement of your apartment that you may have been surprised to see online.

With this bailiff’s report in your possession, it is possible to request from the platform of setting in relation the transmission of the statements of transactions operated by your tenant by exerting a procedure in front of the competent court. Indeed, the platforms of setting in relation are cooperative when the statements are requested by the judicial way.

Once you have these statements in your possession showing the violation of the lease’s stipulations, you can take legal action to obtain the restitution of the rent received without your consent, obtain damages to compensate for your moral and material prejudice, request the reimbursement of your procedural costs and finally ask for the lease to be terminated.

The firm assists landlords, throughout France, who are victims of their tenants’ breaches of contract, in the preparation of their files in order to reach legal or amicable solutions.

If you are a syndic of co-ownership and you wish to put an end to a furnished tourist activity in your building, contact us.

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