Subletting accommodation involves a tenant renting out all or part of their home. In France, this practice is strictly regulated.
Under current legislation, it is forbidden to sublet a property without the express agreement of the landlord. Furthermore, the amount of rent paid by the sub-tenant must not exceed that paid by the main tenant. Without this authorisation, subletting is considered illegal.
The legal framework is designed to protect landlords from potential abuses, particularly those seen with the rise of short-term rental platforms such as Airbnb. Many tenants see these platforms as an opportunity to increase their income by making their accommodation available to tourists or people on the move. This practice, while attractive to tenants, can result in severe legal penalties if carried out without authorisation.
Searching for evidence of property subletting
For a landlord, finding evidence of illegal subletting is a major challenge, especially when the tenancies are short and repeated. The temporary nature of these tenancies makes it difficult to gather tangible evidence. However, a number of elements can be used to demonstrate the existence of an unauthorised sublet.
Evidence can include screenshots of advertisements on rental websites, neighbours’ accounts of tenants coming and going, or financial transaction records showing recurring payments to third parties. Landlords can also use the services of a bailiff to carry out on-site inspections, but this is often expensive and may not be enough to build a solid case.
Faced with these difficulties, landlords are increasingly turning to private detectives.
The benefits of using a private investigator to find evidence
Using a private detective to prove illegal subletting has a number of advantages for a landlord. These professionals are trained to conduct discreet and effective investigations, while respecting legal limits. They can, for example, carry out shadowing to observe the number of people using the accommodation or gather information on the actual length of stays.
Private investigators are also able to consult online advertisements, identify the profiles of sub-tenants and establish a history of bookings made via platforms such as Airbnb. Using these methods, the private investigator can draw up a detailed report documenting the subletting, the terms and conditions and the consequences for the landlord, such as damage or nuisance to the neighbours.
The intervention of an investigator can therefore make it possible to obtain solid evidence to present in court. This can result in the cancellation of the lease for serious breach of contractual obligations, the payment of damages, or even the judicial termination of the lease.
In April 2016, for example, the Court of First Instance in the 5th arrondissement of Paris ordered a tenant to pay €5,000 to his landlord for subletting his flat via Airbnb without authorisation.
Illegal subletting represents a considerable risk for landlords, both legally and financially. In France, the legislation is clear: any subletting without the owner’s permission is prohibited. However, proving this practice remains a major challenge, which increasingly justifies the use of private detectives.
