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Seasonal rental: what is legal and what is not

Tourist rentals are a source of additional income for owners. Seasonal rental is now a full-fledged activity that is very popular with many enthusiasts. Previously considered an illegal sector, short-term rental is now governed by a very specific law.

Renting a main residence

This is the most classic and also the most legal case, since it is your house, so you are absolutely free to rent it out as you see fit. But you just have to notify that a main residence means accommodation inhabited at least 8 months a year by you, the owner, or your spouse, or any other dependent.

It is therefore perfectly legal to rent your main residence for a summer or a weekend, in the year, without however exceeding 4 months of rental per year. If the 120 authorized rental days are exceeded, then your home will be considered a second home. You are therefore forced to make a declaration to the town hall stipulating a tourist accommodation. Otherwise, you risk a fine of up to 50 euros per residence, with a penalty of up to 000 euros per day and per square meter, until you succeed in legalizing your case.

Renting a second home

This is a fairly complex case and the formalities to be observed are also more onerous. To rent out a second home, you must first make a declaration to the town hall. In particular, this allows you to identify you as a taxpayer, with the obligation to repay the tourist tax paid by tenants.

In some cities with a large tourist flow, such as Paris, the municipality requires authorization to change the use of secondary accommodation to furnished tourist accommodation. Some municipalities outright refuse to grant this kind of authorization. Others complicate the procedures somewhat by forcing the owner to buy an area equivalent to commercial premises and then transform it into residential premises. It is therefore very important to have a large enough budget to be able to rent a second home in large cities.

Subletting

If you are a tenant and want to rent your accommodation in your absence, you must inform the owner of the premises and obtain prior written consent. Failure to follow this procedure may result in a fine of 5 euros with damages, plus immediate eviction from the accommodation.