my house was rented for normal liand use it illegally without me being noticed to do airbnb renting

[Mezli0]

Hello everyone,

I was wondering if you know how can Airbnb help me to get out the person that is renting my house in airbnb and doesn't want to go out of it ?

thanks a lot

[Linda108]

If a guest is using your listing in a way that is against your rules, contact Air BNB for assistance in cancelling the reservation and relocating the guests.  If this guest is committing a crime, you should contact local authorities.   Here is a link for contacting Air BNB.

https://community.withairbnb.com/t5/Help/Contact-Airbnb-A-Community-Help-Guide/m-p/16165#M728

Good luck!   Linda

[Cormac0]

@Mezli0 

Get on to the income tax authorities and the local council to see if they have registered as an Airbnb rental, which in Paris at least is a requirement.

Surely the lease the tenant sign expressly forbids subletting and if so consult a lawyer and terminate their lease.

Additionally, your insurance company probably does not cover you for short term rental and this is a very serious matter in the event of a fire or serious life-changing injury.

The scum that’s subletting your apartment would probably disappear and leave you with substantial depts and serious legal problem.

I’m not convinced that Airbnb will help you out in this matter as their fighting the Parisian authorities about the registration of Airbnb’s.

[Helen3 · Accepted solution]

Hello @Mezli0 

If you are takling about a tenant that is illegally subletting against the terms of your contract, I would advise two things.

1. Contact Airbnb tell them your tenant is illegally sub letting your place on Airbnb against the terms of your tenancy (I am assuming of course your contract has a clause saying it is illegal to sub let),.

2. You then need to send your tenant an eviction notice for immediate vacation (or whatever notice you need to give under French law/your tenancy) (make sure you have screen grabs of the listing including pages showing the calendar)

Airbnb can take action to take the listing down. Whether they will is another matter.

[Elena87]

@Mezli0 

Get a friend to book the property on airbnb for one night.

Once you get the keys, change the locks.

[Marit-Anne0]

@Mezli0 

If there is a breach of contract, you can start the evicition process.

https://www.french-property.com/guides/france/working-in-france/letting-property/termination-of-tena...

@Elena87 

Tenants have strong rights in France, locking the guest out is probably illegal.  

[Mezli0]

thanks a lot for all your answers the thing is the house is in mexico, I've already contact airbnb and they told me to give the entire name and e-mail adress of the tenant that is illegally renting the house..! 

Helen has given me the answer that I was looking for!

have a nice day !

[Helen3]

Glad to help @Mezli0 .

What does the law say in Mexico about tenants who illegally sublet?

I would definitely get however who is managing it for you locally to go over and check the property and had photos/video's to confirm the property isn't been occupied by your tenant. (I am sure you could find a vital maintenance check that needs attention.

[Deborah614]

@Mezli0

I'm in NZ and know nothing of French law.    It is appalling the cheek of some people, and I've had similar experiences from men who thought they could intimidate me into staying in my home without paying the agreed rent.   I stood up to them.    My lawyer said - Deb, your safety and wellbeing comes first.   Get them out any way you can, put their belongings on the street, serve a trespass order, and we'll deal with whatever happens after that.     A judge is unlikely to rule against you.    

However:    what you can do is likely based on whether or not they are continuing to book your place and you are continuing to receive payment>    

If they are NOT continuing to book through Airbnb, and the end date of their booked stay has passed, then they are either trespassing, or squatting.     Report to the police that you have a squatter who was a hotel guest, but their End Date has passed, and you wish to charge them with squatting.    See if they will arrest.     If not, Plan B: 

 Go to the local Court and get a Trespass Order.   Fill in the form and give a copy to the Police.    Get a friend to go with you, the bigger and the more tattoes the better.  Go to your property and serve the person with the Trespass Order.   Give them 1 hour to vacate and go in and sit down on a chair.  Phone the police from your chair, and tell them that if they don't come soon, there could be violence. 

If it were me, I would then go to the Mains Power Board, take out all the power plugs and shut down electricity.    Go to the water toby on the street and shut off the water.   (Don't let the guest see where the toby is.)