What is subletting on Airbnb?
Subletting on Airbnb refers to the practice whereby a tenant rents out some or all of their accommodation to travelers on a short-term basis, using Airbnb or similar platforms. This enables the tenant to generate additional income by leveraging Airbnb's popularity for hosting travelers. However, subletting can raise complex legal and contractual issues.
Legal rights and considerations
Initial lease :
Before subletting your accommodation on Airbnb, it's essential to check the terms of your original lease contract. Some leases explicitly prohibit subletting, while others may require prior authorization from the landlord.
Owner's authorization :
If your lease doesn't explicitly prohibit subletting, it's advisable to get written permission from your landlord before you start subletting on Airbnb. This can protect you from any subsequent legal repercussions.
Local legislation :
Many cities and jurisdictions have specific regulations concerning short-term rentals and subletting. It's crucial to familiarize yourself with these regulations to avoid possible fines or penalties.
Payment of taxes :
In some regions, short-term sublets are subject to special taxes, such as tourist tax. Make sure you comply with local tax obligations and pay any taxes due.
Civil liability and insurance :
Most short-term rental platforms, including Airbnb, offer some form of insurance for hosts. However, it's advisable to consult your own insurer to ensure you're adequately covered in the event of damage or incidents related to subletting.
Compliance with Airbnb rules:
As a host, you must comply with Airbnb's rules and policies. This may include security, cleaning and guest communication requirements.
Best practices for subletting on Airbnb
Transparent communication: Communicate openly with your landlord and guests. Make sure everyone understands expectations and rules.
Thorough guest screening: Before accepting a reservation, take the time to check the backgrounds and comments of potential guests. This can help ensure a positive experience for all.
Proper management: If you're subletting multiple times, make sure you're a good property manager. Respond quickly to requests, maintain cleanliness and make sure your guests follow the rules.
Maintaining privacy: If you're subletting part of your home, respect your guests' privacy and make sure they feel safe and comfortable.
Heavily Penalized for Infringements
Subletting your home without your landlord's approval can expose you to serious consequences. As reported in an article on TF1 Info, "in September 2019, the Court of Cassation sentenced a tenant to return the sum of 30,000 euros to his landlord." Since this precedent-setting decision, other rulings have followed suit.
In 2020, the Paris judicial court handed down a sentence of 51,000 euros against a tenant who had illegally sublet her accommodation in the Marais district, in Paris' 4th arrondissement, over a period of 534 days between 2016 and 2017. In this case, the rental platform was also held jointly and severally liable. This decision was recently confirmed: on January 3, 2023, the Paris Court of Appeal ruled that Airbnb had "largely contributed to the tenant's breach of her contractual obligations prohibiting her from subletting the accommodation without the owner's consent", by not asking the tenant to provide proof of the legality of the subletting and by providing her with "logistical assistance" without which the accommodation would not have been sublet "with such frequency". This decision demonstrates the determination of the courts to hold the major rental platforms accountable for their actions.
Determining the rent for a sublease
Authorization by the landlord to sublet the property does not release the principal tenant from his or her obligations to the landlord. Consequently, it is not permissible to set the rent arbitrarily: the express consent of the landlord remains an inescapable requirement.
What's more, it's prohibited to request a higher rent from your subtenant than the one you pay your landlord. In fact, the law of July 6, 1989, amended by the Alur law of March 24, 2014, clearly states that "the amount of rent per square meter of living space for the premises being sublet may in no case exceed that paid by the main tenant".
It is entirely possible to sublet only a fraction of the property. In this case, the rent charged to the sub-tenant must be proportional to the surface area occupied, and must not exceed the cost per square meter of the rent paid to the owner by the main tenant.
