Airbnb rentals, legal or illegal?

It is now easy to find or sell tourist property on the Internet. In France, for example, Airbnb offers about a hundred pages for seasonal rentals. Although this type of service is very popular, there are certain laws and conditions that tenants and sellers must follow. By knowing these regulations, you will understand whether Airbnb is legal or not.

What to consider about Airbnb regulations
When it comes to Airbnb regulations, you should know that they come in a long line of text regarding furnished tourist accommodation or tourist accommodation. As a result, these dwellings are intended to accommodate transients or short-term rental housing. If you want to rent on Airbnb legally, know that it is necessary to contact a professional property management company such as GuestReady. To better understand furnished tourist accommodations, you can rely on Elan Law No. 2018-1021.
The first thing you need to consider about Airbnb’s legal regulations is the length of your lease. In principle, a person who wants to rent out his dwelling to a foreigner or a passing visitor cannot rent the dwelling for more than 120 days. Since this practice does not require any advertisement or permission request, the owner can freely add an advertisement on a specialized platform. However, it is important to clearly distinguish between primary and secondary residency because the regulations are not the same.

What precautions should you take before you start renting an Airbnb legally?
In the event that you intend to legally lease an Airbnb, there are a few precautions you should take into consideration. On this site, it is possible for an individual to rent out guest rooms or even his house to vacationers. Thus, the forms of cooperation are numerous. From time to time, this type of real estate transaction can amount to the exploitation of furniture or other facilities not mentioned in the paragraph. This is the case of subletting a dwelling.
You should know that Airbnb rentals are legal, but certain conditions must be respected. For example, you are obligated to check whether the rules of co-ownership agree to renting through the web. In order to avoid any kind of conflict, it is advisable to request written permission from the owner or lessor. Among the buildings included in the furnished tourist accommodation there are:

  • villas
  • vacation homes;
  • studios.
  • apartments.

Rules applicable to the main furnished rental residence
In general, renting a tourist home described as main residence entails 3 commitments, in particular a change of destination, the license related to the conversion of use, and the advertisement of the furnished tourist accommodation. Initially, the building responsible for receiving visitors for a limited time would not be a house, but a residence intended for commercial activity. You can see this in Section R 123-9 of the City Planning Code.
Then, permission to change or transfer use consists of the municipality’s announcement of the seasonal rent for your principal residence. However, this applicable rule is for cities with more than 200,000 inhabitants. If you do not comply with this obligation, you risk getting a fine of €25,000. Finally, it should not be forgotten that anyone providing a rental service is required to inform the mayor of the location of the property in question. This regulation applies to both classified and unclassified tourist accommodations. Hotel, bed and breakfast, villa, studio or apartment, all these buildings must be declared.

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