Problems in housing leases due to unauthorised tourist-rental activity

The authorities are carrying out intense inspection and control of this type of housing operating without a licence. Beyond the specific regulation of the activity, we address the problem created by the current market of illegal tourist-use accommodation for the owners of the rented home.

More and more tenants with long-term contracts, in order to save money or make ends meet, sublet them as whole tourist dwellings or by the room without asking the owner’s permission, not to mention the social and neighbour conflicts they generate in residents’ communities.

Once an inspection file is opened based on the activity published on platforms and confirmed by the authorities, the notices are often received at the home itself and the landlord is the last to find out.

This means that, for lack of appearance and submissions in defence of their rights, the administrative file is decided without knowing that the owner is unconnected to the situation. In fact, many owners find out through a first notice of a penalty file that is practically unstoppable. The penalties are considerable and it is essential to file the corresponding appeals promptly and quickly.

Moreover, if the lease signed does not allow assignment or subletting, this constitutes grounds for terminating the lease itself, which must be sought through the corresponding civil declaratory claim.

If you would like to know more about this, or you find yourself in this situation, do not hesitate to contact us so we can advise you personally.