A tenant who subleases his accommodation without the agreement of his landlord may have to pay him the rents of the sublease. This is what the Court of Cassation ruled in its decision of September 12, 2019.
An SCI applies to the court for reimbursement of the sub-rents received by its tenant. The latter did not seek his agreement to sublet his housing as required by law.
The Court of Cassation considers that the sub-rents received by a tenant who has not requested the landlord's agreement belong in principle to the landlord. The lessee therefore loses the benefit by default of obtaining authorization to sublet.
This decision can thus apply to sublettings as a principal residence or seasonal ones such as rentals via the platform Airbnb for example.
