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Home » Rent control: legal alternatives for landlords
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Rent control: legal alternatives for landlords

By News Room4 June 20263 Mins Read
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Rent control: legal alternatives for landlords
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For owners in rent control zones who see their rental yield reduced by regulatory ceilings, the civil lease constituted a circumvention mechanism, now tracked by the DGCCRF. “ Faced with the increase in property taxes and the rise in co-ownership charges, many owners find themselves in a critical financial situationexplains Sylvain Grataloup, president of the UNPI. In large cities, regulatory ceilings drastically cut rental income, sometimes not even allowing more than covering the actual costs of housing ».

This is why the long-term bare rental model is losing its attractiveness and therefore promotes the housing crisis : “ Over-regulation and the suffocation of traditional rental yields are pushing investors towards more profitable and protective niches. », he reveals. Like the mobility lease, tax optimization of furnished accommodation or furnished tourist accommodation. This massive disengagement from traditional rental is scarifying the supply of housing available all year round, making access to the roof difficult for families and stable employees.

The mobility lease

First alternative, the mobility leaseintroduced by the ELAN law, is a device aimed at a specific audience in transition phasewhether students, apprentices, employees on temporary assignment or professionals in training. It allows you to rent furnished accommodation for a strictly supervised period ranging from one at ten monthsthus offering unprecedented contractual flexibility to both parties. The operation of the mobility lease is based on a “give and take” philosophy that is well accepted on the rental market.

“ In return for a total absence of security deposit to be paid by the tenant – which considerably reduces the financial burden of these profiles often considered precarious – the owner benefits from a reinforced contractual security »specifies the president. The contract ends automatically at the fixed term without the tenant being able to demand excessive renewal or permanent retention in the premises. In the event of a problem, the procedures for ending this type of lease and recovering the property are simplified.

Furnished rental and seasonal rental

For investors who wish to maintain a year-round rental model while optimizing yield, the classic furnished rental under the status of LMNP (Non-Professional Furnished Rental Company) constitutes a powerful lever with its damping logic : “ Although the face value of the rent remains framed by the ceilings applicable to tense areas, the accounting treatment of rental income radically changes the situation compared to traditional property income. », he explains. For example, by opting for the actual cost regime, the owner can deduct all expenses incurred : loan interest, insurance premiums, renovation work and taxes.

Allowing us to completely free ourselves from rent control grids, the seasonal or short-term rentalis popularized by well-known platforms like Airbnb or Booking.com. This model mainly applies to second homes and offers profitability per night or per week mechanically much superior to any traditional lease.

The owner gains absolute management flexibilitysince he retains the freedom to rent or suspend the marketing of his property according to his own needs or the tourist calendar. “ There The counterpart of this profitability is rather administrativebecause the town halls of large metropolises monitor this activity very closely through the obligation to obtain a registration number, an annual ceiling on overnight stays, or the imposition of very restrictive change of use procedures”warns Sylvain Grataloup.

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