For several years, short-term rental of private housing was very common. As a leader in this market, the Airbnb platform has created a global network to promote this practice. The concept is simple, with a home or apartment owner renting out their property to someone looking for accommodation other than a hotel or hostel. The success of this system has been such that some excess has emerged, particularly with apartments designated exclusively or abusively for these short-term rentals. A real confrontation started, for example Between Paris City Hall and Airbnb About it, even if the online booking platform is launched today Appease French Cities. Currently, many French cities explicitly prohibit renting accommodation for more than 120 days a year. But in addition to this problem, which is now well taken into account, Airbnb rentals can cause some inconvenience within a condominium. Between noise pollution and the constant coming and going, some co-owners may want to oppose this practice. It remains to be seen what the law says about this.
Assignment and common property destination
An apartment is a group of dwellings that combine several owners of one or more plots of land. This group is governed by a joint property trustee who must be well chosen and subject to the joint property regulations. Oftentimes, this regulation specifies the assignment as well as the destination of the various special pieces. If so, the housing condition can take three different forms, beginning with the so-called strict bourgeois condition. In this form, the place of residence in question is only for housing and cannot be used for commercial purposes or for the exercise of a liberal profession. Short-term Airbnb rentals are considered a business, and therefore are in fact prohibited. This is also the case in the context of the simple bourgeois housing requirement, which grants only the right to engage in an activity related to a liberal profession. On the other hand, under the mixed use condition, a business can be envisaged. First of all, it is necessary, then, to inquire as to what the Common Property Regulations refer to with regard to the assignment of the whole and its point of view.
What do you do in case of disturbance?
If the communal property regulations do not formally prohibit it, nothing prevents the owner from renting out his dwelling for seasonal rentals. However, it is important to check with your city council, as some municipalities limit the number of overnight stays (see above), or even ban this practice altogether. If all is well, short-term rent can cause unrest in the neighborhood. People who are on vacation and just passing by, do not always respect the calmness of their neighbors. Thus, recurring festive events can be organized, degrading or cluttering public areas. The many comings and goings in the middle of the night can also be a major inconvenience to the resident co-owners. Admittedly, these harassments are generally prohibited by condominium regulations, but those rules are hard to enforce on people passing through. In the event of a so-called abnormal disturbance in the neighborhood, a complaint can be filed to ban the Airbnb rental. However, it should be noted that this procedure is complex and expensive. It is really necessary for the reporter to note the inconveniences, but also make it clear that the housing in question is actually rented out over specified periods. If this is the case, legal action can be taken, but without guaranteeing the outcome.
What to do if you can’t rent your place on Airbnb?
Not all customers of Airbnb or other short-term rental platforms are savages, far from it. If you are a landlord and live in a city where this is possible, it can be tempting to put up your residence for seasonal rental from time to time. A good way to generate extra income and not leave your apartment deserted while you are away. But if the rules of co-ownership somehow conflict with this practice, you have only one solution, to amend it. This can be done during the annual general meeting, but if your intent is to change the destination of the co-ownership in order to include a versatility clause, be aware that you will need to obtain the consensus of the co-owners. Suffice it to say that it is not so simple and that you will have to use a lot of diplomacy.
(by drafting agency hREF