Tenant eviction - AIRBNB illegal subletting case
French Real estate Law lawyer -  24 October 2018  -  Paris District Court

An order against a tenant for reimbursement of the civil benefits arising from the unlawful subletting of her flat

An order against a tenant for reimbursement of the civil benefits arising from the unlawful subletting of her flat
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Object of the decision

On October 24, 2018, the Paris District Court severely sentenced a tenant who had illegally sublet her apartment on a tourist accommodation rental platform.

The court has thus in particular:

  • Pronounced the termination of the lease due to the exclusive fault of the tenant;
  • Noted that the tenant is, as of the judgment, an occupant without right or title to the rented premises;
  • Pronounced the eviction of the tenant and all occupants of the premises;
  • Ordered the tenant to pay a monthly occupancy fee equal to the amount of the rent;
  • Ordered the tenant to pay the owner the following sums:
    • 46,227 euros with interest at the legal rate from the judgment in reimbursement of civil fruits arising from the illicit AIRBNB sublet
    • 1,000 euros in damages for breach of contract with interest at the statutory rate from the date of judgment
  • Ordered the capitalization of interest;
  • Ordered the tenant to pay 1,000 euros under Article 700 of the Code of Civil Procedure, in addition to all costs;
  • Ordered provisional execution.

The opposing party has appealed.