It is illegal to sublet social housing and is therefore a reason for termination of the lease, ruled the Court of Cassation. According to the law, the proceeds of the sublease should even be reimbursed in full to the landlord.
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 pass on the property management the product of his practical activity thanks to the Airbnb site, lost his lawsuit.
The owner of social housing had noted that a room in the accommodation was offered for short-term rental and that the site had reported an average of three to four comments per month for 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 size 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 gives entitlement to social benefits reserved for low-income households.
The Court of Cassation objected to this tenant’s fault being deemed too trivial to be sanctioned, even if the room was not sublet on a daily basis. 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.
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(Cass. Civil 3, 22.6.2022, Q 21-18.612).
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