INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW the eviction of the tenant (the main tenancy agreement would thus be terminated) but also to claim the sub-rents obtained from holiday lettings on top to the contractual rents, on the basis of the “accession theory”...9 According to this theory, the landlord (owner of the property) is entitled to the “fruits” or incomes generated by the exploitation of the property: all rents – including sub-rents – shall be paid to the owner after deduction of possible costs (for instance commissions, etc.)! This severe and quite dissuasive solution is now constantly applied in situations where a tenant sub-let his accommodation without his landlord’s consent, for holiday lettings. He will face eviction and will be deprived from all the incomes produced by the unlawful sub-lets. Internet platforms are often joined into proceedings against the tenant and may thus be litigated for their own negligence. For instance, in a particular case, an Internet platform was held liable to pay damages (moral damages at euros 3,000 and material damages at euros 1,664) as well as “fruits” (i.e. commissions received by the platforms in the total sum of euros 1,869) to the owner of the accommodation unlawfully sub-let as holiday letting by the tenant. It was inter alia observed by the court that the Internet platform failed to inform correctly the lessor of his own obligations. Given its negligence, the platform provided the lessor with the means to free himself from his contractual obligations towards the landlord.10 Holidays lettings are sometimes leading to occurrence of neighbours’ nuisances or disturbance. A solution to avoid such nuisance was then found in condominium (homeowners association) rules and rules relating to neighbours’ disturbance. Indeed, it appears that condominium rules often provide for a quiet use of the premises installed in buildings. In addition, rules relating to neighbours’ disturbance enable the disturbed neighbours to bring litigation against the indelicate neighbour for damages and/or for preventing him to cause further disturbance. Recently, French courts rendered severe decisions against holiday lessors, when repeated nuisances were observed by the homeowners’ association. In summary proceedings, a court decided for instance to grant to the homeowners’ association a provision of euros 2,000 on damages and to prohibit further 9 Cass. Civ. 3, 12 Sept. 2019, n°18-20727. 10 TI Paris, 6 Feb. 2018, n°11-17000190.
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