This widespread practice, especially in large cities, can be extremely expensive when done without respecting the law.
Each time the good weather returns, the same reflex returns among certain tenants. Before a long weekend or a May holiday, they leave their apartment for a few days and look for a way to make this absence profitable. In just a few clicks, accommodation can be put online on a peer-to-peer rental platform. The idea seems simple: prevent an apartment from remaining empty and recover some money. However, this gesture presented as innocuous hides a real legal and financial risk that many discover too late.
Many tenants think they are free to do whatever they want in the home they occupy all year round. After all, they pay rent every month. This idea is widespread, particularly among young professionals and students who seek to supplement their income without measuring the possible consequences.
But what many people don’t know is that subletting accommodation without the written consent of the owner is prohibited by law. In France, a tenant cannot rent their apartment to another person, even for a few nights, without explicit authorization from the lessor. This rule also concerns advertisements published on seasonal rental platforms. On the other hand, it remains possible to lend your home free of charge to a relative or friend during your absence, as long as there is no financial compensation. As soon as payment is requested, even for just a few days, the situation switches to subletting. If the owner discovers this unauthorized practice, the consequences can be serious.
The tenant notably risks having to reimburse the sums earned through illegal subletting. In certain cases, the lease can even be terminated by the courts. The courts have already ordered several tenants to pay thousands of euros to their landlord after unauthorized rentals. The danger doesn’t stop there. In the event of damage, theft or nuisance caused by temporary occupants, home insurance may also refuse to cover the damage. Some condominium regulations also prohibit repeat tourist rentals. Neighbors can then report unusual comings and goings to the trustee or owner.
With photos published online and traces left on platforms, it is now very easy to prove illegal subletting. More and more landlords are monitoring advertisements posted on the internet, especially in tourist areas where this type of practice explodes during the holidays. Requesting written authorization from the owner remains essential to avoid unpleasant surprises because what looks like a simple additional income can quickly turn into a costly conflict.
