Except where subletting has been authorised by the lessor, the sub-rents received by the lessee constitute civil fruits which accrue to the owner by accession

Application pratique:

Under this case law, the €21,600 in sub-rents Marc received belong to Sophie by accession, as she never authorised the subletting. She should immediately gather proof (screenshots, bank statements), send Marc a formal notice demanding payment and cessation, and if he refuses, file a claim before the tribunal judiciaire within the five-year prescription period for personal property actions. Preventive legal advice can help recover sums without costly litigation.

Application pratique:

Since Julien did not obtain the landlord's authorisation, the €1,050 he collected are considered civil fruits that legally belong to the landlord by accession. Julien should immediately negotiate a settlement with the landlord—offering to pay over the sub-rents and stop subletting—to avoid a court order that could also lead to his lease being terminated for breach. He must keep all correspondence and proof of payment, and if the landlord sues, raise any statutory limitation defence if the claim is delayed.

Application pratique:

While this case law directly addresses landlord-tenant relationships, its principle reinforces that unauthorised sub-rents belong to the owner—here, the co-owner is the 'lessor' to his tenant, but if the co-owner had rented out the lot to a tenant, unauthorised subletting by that tenant would give the sub-rents to the co-owner. The syndic should demand an immediate halt, use the decision to argue that any gains from illegal subletting are unjust enrichment, and if necessary, obtain a court order to stop the activity and recover damages. Keeping meticulous records and acting within statutory time limits is critical.