Putting a property up for short-term rental on Airbnb is subject to rules that are brought to the attention of the renter as soon as he logs on to the platform. Unfortunately, however, more and more people are abusing these rules, unaware of the unnecessary risks they are taking.

What is an illegal sublet on Airbnb?

It’s important to understand what exactly is meant by illegal subletting on Airbnb. Simply put, it occurs when someone rents out a property on Airbnb without the explicit permission of the original owner or landlord. This can go against the terms of the lease or even local zoning and short-term rental laws. That’s why short-term property rentals are generally legal only for landlords.

Risks for tenants

1. Breach of Lease

When you sublet without permission, you risk breaking your lease. Landlords can legally evict you for non-compliance with rental conditions.

2. Legal liability

In the event of problems with sub-tenants or damage to the property, the original tenant is often held responsible. This can lead to significant financial costs and legal complications.

3. Loss of Security Deposit

If your lease stipulates that subletting is prohibited, you could lose your security deposit and face additional fines for breach of contract.

Risks for homeowners

1. Insurance and liability

Unauthorized subtenants are generally not covered by property insurance. In the event of damage or litigation, the owner could be held liable.

2. Fines and legal proceedings

Violation of local zoning or short-term rental regulations can result in substantial fines and lawsuits, which are often costly and time-consuming. Fines can vary from a few hundred to several thousand euros, depending on the seriousness of the offence and the local regulations in force. A typical fine is 50,000 euros for each person involved. This includes the owner and the original tenant of the property.

3. Neighborhood problems

Illegal subletting can disturb neighbors’ peace and quiet, leading to complaints and disputes with local authorities or condominium associations.

In summary, illegal subletting on Airbnb carries significant risks for tenants and landlords alike. However, if you do things by the book, it’s possible to enjoy the benefits of short-term rentals legally and responsibly.

Want to know more about Airbnb regulations? Discover our article on How to create a set of rules for Airbnb?