Illegal Airbnb sublets: risks and penalties

Listing a property as a short-term rental on Airbnb is subject to rules that are brought to the host's attention as soon as they log in to the platform. Sadly, however, more and more people are abusing those rules without realising the needless risks they are taking.

What is illegal subletting on Airbnb?

It is important to understand exactly what is meant by illegal subletting on Airbnb. Put simply, it happens when someone rents out a property on Airbnb without the explicit permission of the owner or the original landlord. This may breach the terms of the tenancy agreement, or even local zoning and short-term letting laws. That is why renting out a property on a short-term basis is generally only lawful for owners.

The risks for tenants

Breach of tenancy agreement

When you sublet without permission, you risk a breach of your tenancy agreement. Landlords can lawfully evict you for failing to comply with the terms of the let.

Legal liability

If there is a problem with the subtenants or damage to the property, the original tenant is often held liable. This can lead to significant financial costs and legal complications.

Loss of your deposit

If your tenancy agreement states that subletting is prohibited, you could lose your deposit and face additional fines for breach of contract.

The risks for owners

Insurance and liability

Unauthorised subtenants are generally not covered by the property's insurance. In the event of damage or a dispute, the owner could be held liable.

Fines and legal proceedings

Breaching local zoning or short-term letting regulations can lead to substantial fines and court proceedings, which are often costly and time-consuming. Fines can range from a few hundred to several thousand euros, depending on the seriousness of the offence and the local regulations in force. The figure usually quoted is a fine of 50 000 € for each person involved, which therefore includes both the owner and the original tenant of the property.

Problems with the neighbours

Illegal sublets can disturb the neighbours' peace and quiet, which can lead to complaints and disputes with the local authorities or the residents' association. In short, illegal subletting on Airbnb carries significant risks for both tenants and owners. If you do things by the book, however, you can enjoy the benefits of short-term letting legally and responsibly. Would you like to know more about Airbnb regulations? Take a look at our article on how to create house rules for your Airbnb