Record conviction of a tenant subletting on Airbnb - GOLDWIN Avocats
goldwin
Real estate lawyer -  22 mars 2022  -  Tribunal judiciaire de Paris

Record conviction of a tenant subletting on Airbnb

Record conviction of a tenant subletting on Airbnb
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Purpose of the decision

The Protection Litigation Judge of the Paris Judicial Court has, by decision rendered on March 22, 2022 notified today, rendered an important condemnation for income derived from illicit subletting via the AIRBNB platform.

The sentence amounts to the total sum of 221,891.55 euros and breaks down as follows:

– 198,034.80 euros for the civil fruits collected with interest at the legal rate ;
– 11,370 euros for the rental arrears;
– 11,486.75 euros for rental repairs;
– 1,000 euros for article 700.

The tenant sublet the above-mentioned apartment on numerous occasions for more than two years, over a period extending from December 29, 2016 (i.e., one week after the effective date of the lease) until December 21, 2020 (i.e., the day before the tenant handed over the keys.

Indeed:

– In 2016, the tenant sublet the apartment subject to the lease on two occasions. The apartment was thus occupied by a passing clientele for 15 days, for a total amount of €2,263.

– In 2017, the tenant sublet the apartment subject to the lease 103 times. The apartment was thus occupied by a passing clientele for 273 days, for a total amount of €51,797.17.

– In 2018, the tenant sublet the apartment subject to the lease on 80 occasions. The apartment was thus occupied by a passing clientele for 259 days, for a total amount of 54,027.17€.

– In 2019, the tenant sublet the apartment on 97 occasions. The apartment was thus occupied by a passing clientele for 311 days, for a total amount of €66,089.80.

– In 2020, the tenant sublet the apartment subject to the lease 47 times. The apartment was thus occupied by a clientele of passage during 256 days, for a total amount of 23.857,66€.

The main tenant of the apartment will have finally sublet, without the authorization of the owners, the apartment that he occupied 329 times in the space of four years, thus accumulating 1,114 days of subletting.

The lawyer in charge of the case
Jonathan BELLAICHE

Jonathan BELLAICHE

Founder of the firm