Since the promulgation of “Anti-Airbnb law”at the end of 2024, an increasing number of cities used one of its provisions, which allows them to lower, from 120 to 90 days, the maximum rental duration of a main residence in tourism furnished. Sacred shortfall for hosts! But it is possible to escape this temporal constraint, legally and even returning to the sources of the Airbnb rental. When a tenant aspiring is looking for accommodation on the platform, he is invited to specify the type of accommodation that interests him: “Whole accommodation” Or “”bedroom»». It is this second option that must be offered to get rid of the maximum rental duration of 120 or 90 days a year.
“The room with the inhabitant is an interesting legal solution, insofar as it is not limited by the obligation to respect this limitation of duration”underlines the law firm remaining on its website. Article L.324-1-1 of the Tourism Code indeed defines a furnished tourist furnished as a villa, an apartment or a furnished studio at theExclusive use of the tenant. “A simple room in homestays not entering this legal definition, it can be rented in short duration without limitation, 365 days per year” If the owner wishes, concludes the law firm.
Airbnb: blow for owners, this metropolis reduces the rental time by 30 days
Up to 100,000 euros fine
But this model of the room with the locals “Inspire few rental companies, insofar as he require to be present To receive the hosts, with whom they will coexist ” In addition, the cabinet remains remained. Who warns the owners against the temptation to play on the two tables, by offering the rental a so-called room in order to rent it beyond 90 to 120 days, a room which would actually be a furnished studio attached to their apartment or their house.
Such a disputed rental exposes the owner to a summons to the court by the municipality, with the key to up to 100,000 euros fine for the independent studio falsely presented as a room, and to 15,000 euros fine per year of exceeding The maximum duration of 90 or 120 days, warns the law firm.
Can Airbnb rental: Can my condominium prohibit it?
What is a room with the locals exactly?
On the basis of a decision he won last November in the court, facing the city of Paris, he specifies that, to escape this 90 or 120 day ceiling, the room must be within the main residence of the rental company, communicate from the inside with the other parts of the apartment and should not be furnished with equipment giving it an independent character, such as a kitchen. The owner must also live on site during the stay of his hosts. It’s up to you to choose between more income or more tranquility.
