My tenant rents my accommodation: how can I fool him?

In “Grand rendez-vous de l’immobilier” (Capital / Radio Immo), Ganaëlle Soussens, a lawyer in the field of real estate law, recalls the means available to owners to prove the illegal subletting of their property and the repairs they can make. can claim.

Capital Video: My tenant is renting out my accommodation: how can I trap him?

© Capital / Radio immo

Every month, “Big Real Estate Event” (Capital / Radio Immo) it answers your questions through its ranking “It concerns you”. Our experts – lawyers, notaries, real estate agents – will solve the most complex legal problems for you and provide you with sound advice, whether you are thinking about selling, buying, renting or renovating your home. In this sequence, Ganaëlle Soussens, a real estate attorney, answers a question from Marinette, a member of the Owners Club, a Facebook group managed by Capital. Landlady Marinette noticed that her tenant had sublet her accommodation. How can I successfully prove this sublease?

Ganaëlle Soussens suggests that the easiest way to prove subletting is to search for your accommodation on rental advertising platforms. Although you can also call a bailiff to record the presence of a third party in your accommodation, it is important to consider that this approach can lead to additional costs for each intervention.

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And if there is no express agreement between the owner and the tenant on the terms of any sublease, the owner has the right to request the termination of the lease or to demand the total amount of rent fraudulently collected by the tenant. If, on the other hand, an explicit sublease agreement is found between the two parties, the real estate lawyer points out that the tenant cannot make any profit from this sublease. It is clear that he cannot set the rent higher than that stated in the original lease.

Our experts – real estate agents, notaries, lawyers – will answer you

Are you an owner, buyer, seller or investor and also have a legal, tax or practical question? Feel free to join the Facebook group at Owners Club ask your questions. The approximately 14,000 members of this group, created and managed by Capital, are happy to provide you with feedback. Secondly, we will also try to pass your questions to our experts, who will answer them in future issues of the magazine “Major Real Estate Event”.

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