Having become a source of enrichment, the sub-location on Airbnb may also be a source of judicial trouble. How do we legally underlead its housing on the platform?
In 2017, a tenant was sentenced to pay a fine of 5,000 euros for under-leaving his accommodation on the Airbnb platform. The case in question caused a lot of ink to flow, but wrongly gave the tenant who apparently had not warned his owner of the fact that he was under-leaving the housing he occupied. Increasingly, this practice can be a source of real problems with the law. So how do we protect ourselves? How do you legally under-leave your accommodation on Airbnb? Here’s a comprehensive guide on everything you need to know to avoid debris with the law following its activities on Airbnb.
To sub-lease, the owner must be informed
This is the basic rule of the sub-location on Airbnb for several months already. The owner of the accommodation that you occupy must absolutely be aware of your intention to sub-leave your habitat. On the contrary, heavy fines are provided for by law, although many are the ones that manage to pass between the mesh of the net.
It would be a matter of peace to live by preventing its owner, rather than playing Russian roulette and risking a fine salted.
The owner must absolutely agree
Once the owner has been informed, the law provides a time limit for your request to be considered by the owner. At the end of this 15-day period, the owner must agree. If the latter for X or Y reason does not allow you to sub-leave your habitat (even if your rents are up-to-date or settled with months of advance) do not throw yourself into a legally perilous adventure by under-leaving your accommodation.
The law also regulates this application with your owner. Specifically, this is an official request by bailiff or recommended fold and addressed to your owner. This request must include the duration of the sublocation as well as the rent you claim for a stay in your accommodation. Both at night and week or month.
The owner must return a written permission of sub-location within the above-mentioned period that you will have to transmit to your sub-locatary. The owner is not, under the law, unable to interfere in the sub-location or to expel the sub-locate for the duration of the sub-location.
This section of the law is however subject to the date of signing of the lease between you and your owner. Indeed, any lease signed before March 27, 2014 is exempt from the owner's request for sub-location to allow the tenant to sub-lease his or her accommodation.
Legal sublocation cannot generate profits
Revisions were made to the Act in 2017, releasing the financial status of the Airbnb sub-location. Indeed, according to the amendments made to the Airbnb law, the tenant under-leaving his or her housing cannot in any case if he or she wants to evolve in legality, free the slightest benefit of his or her activity.
More simply, if for example you are a tenant and want to do sub-location on Airbnb with your apartment, studio or any other accommodation. The total amount that will generate your Airbnb activity cannot exceed your monthly rent. The accommodation that is rented to 1000 euros must therefore legally not produce more than 1,000 euros of income via its sub-location on Airbnb.
Special cases of student residences and condominiums
According to the law, it is quite possible to under-leave housing belonging to a condominium. However, a condition must be met by this co-ownership, the regulation of the co-owner to allow use of the type of tourism furnished. However, it is strictly prohibited to under-leave a student room.
Loading comments ...