No Airbnb in social housing

In addition, the owner is entitled to claim repayment of the proceeds of these subleases, recalled the Court of Cassation.

A tenant, asked to leave his social housing after termination of his lease, and required to transmit to the owner management the proceeds of his activity practiced thanks to the Airbnb site, lost his lawsuit.

The owner of the social housing had noted that a room in the housing was offered for short-term rental and that the site had reported an average of three to four comments per month for the past three years.

This owner can perfectly obtain the termination of the lease, ruled the judges, because the law strictly prohibits subletting social housing. In addition, the dimension of social housing, principal residence, is supposed to correspond to the needs of the family. Finally, the lucrative activity of subletting is contrary to the purpose of social housing, which opens the right to social benefits reserved for low-income households.

The Court of Cassation objected to the fault of this tenant being deemed too venial to be sanctioned, even if the subletting of the room was not daily. And she recalled that the product of the sublease should, according to the law, be fully reimbursed to the owner since it is a fruit of his property.

(Cass. Civil 3, 22.6.2022, Q 21-18.612).