He is the lawyer for one of the owners who feel fooled by Guillaume B. and his company which operates accommodation by sub-letting them.
His client filed a complaint on December 21 for breach of trust after finding his accommodation, rented furnished, on the Booking.com site.
Master Xavier Demeuzoy has made a specialty of subjects related to tourism rentals and platforms such as Airbnb, among others.
"The law of July 6, 1989 prohibits subletting, even if it is not specified in the lease", explains the council.
Article 8 of this law effectively specifies that “the tenant may neither assign the rental contract nor sublet the accommodation except with the written agreement of the lessor, including on the price of the rent”.
Neighborhood disturbances generally reveal the scheme
Maître Demeuzoy adds that the tenant who violates these provisions exposes himself to two types of sanctions.
“First, the termination of the lease with an eviction decided by a judge.
Then, under case law, all that he will have perceived by subletting the accommodation is due to his lessor.
This is called the restitution of the fruits.
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In the case of the Booking.com case, Me Demeuzoy had a bailiff's report made.
He will then send the tenant — in this case, the company which claims to rent official accommodation for one of its executives — a formal notice asking him to submit all the statements showing how much he has received thanks to this small combined.
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According to the lawyer, this kind of subletting in Paris is very widespread.
“I have seen a large number of similar cases, this often causes neighborhood disturbances,” adds Me Demeuzoy.
And this is how the fraud is discovered.
A difficulty could be linked to the mayor of Paris which could, within the framework of the fight against the abuses linked to the proliferation of Airbnb, turn against owners who are unaware that their accommodation has become places of passage for tourists.
