Many landlords are unaware that they need to do an essential check before renting their apartment.
The rental market is booming. More than 7 million households rent their homes year-round and at least 800,000 homes are dedicated to short-term tourist rentals throughout France. This last practice is growing rapidly and represents around 20% of nights booked as part of holidays: 1 in 5 people prefer to stay with a private individual rather than in a hotel. Therefore, more and more owners are turning to this type of ephemeral rental rather than annual, in order to maximize income.
A choice which is not without consequences for the inhabitants of tourist regions, who find it increasingly difficult to find accommodation without spending a fortune. If the State and town halls try to regulate this practice with the establishment of high taxes, there is a little-known, forgotten or ignored point by property owners which could well put them outlawed.
When purchasing an apartment, the co-ownership regulations are given to the new owner. An often tedious and technical document which should nevertheless be read carefully. There are in fact hidden inside a few lines which authorize or not the exercise of short-term rental. A search “that is better to do first”, warns Baptiste Bochart, lawyer at Jedeclaremonmeuble.com. In the event of a contraindication, the seasonal rental activity (not long-term) will therefore be considered illegal.
But how can you quickly find this information? “We must look for the absence of a bourgeois housing clause, strictly bourgeois housing or any other similar formula,” explains this short-term rental specialist.
This is generally clearly indicated in a chapter entitled “Use of the building” and in the section “Destination of the building.” Notices such as “the premises can only be occupied in a bourgeois manner” or “commercial activities are prohibited” explain the impossibility of doing “AirBnb” type rentals.
Ignoring this rule may lead to legal action by other co-owners and/or the co-ownership trustee. While it is often preferable to resolve the dispute amicably, this can go all the way to court. In January 2023, an owner lost before the Nîmes Court of Appeal for having engaged in seasonal rental when the regulations prohibited it. She was ordered to pay €1,500 to the trustee.