Travel: Condemned to pay € 189,000 for illegal airbnb rentals

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Il convient d’obtenir l’autorisation de la commune pour transformer une résidence secondaire en location touristique de courte durée, dans les villes de plus de 200.000 habitants. © Daniel Krasoń - Stock.adobe.com It is advisable to obtain authorization from the municipality to transform a second -time tourist rental, in the cities of Over 200,000 inhabitants.

The Paris judicial court has just condemned the owner of a accommodation located in the 7th arrondissement and the concierge in which he was associated, herself the owner of two apartments in the 8th arrondissement, relates Le Parisien . And the sanction is severe: 189,000 euros fine for having rented these accommodation on Airbnb, illegally. Note that this sum is not a record. A tenant had been sentenced to reimburse more than 221,000 euros to the owners because he had not asked them for their agreement to sublet a 30 m² in the 6th arrondissement of Paris.

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In our business, the owner is accused of having rented a second home without having declared the number of days of housing rentals or of having obtained any change of use. Since the promulgation of the Élan law in November 2018, Airbnb hosts have to specify the housing category they rent. If it is the main residence, it can be rented on an Airbnb type platform but 120 days maximum per year, unless professional obligation, health reason or force majeure.

An authorization to change compulsory use

On the other hand, in the case of a second home, you must request the agreement at your town hall to transform a second home for short -term tourist rental. " The change of use authorization is compulsory for housing located in a municipality of more than 200,000 inhabitants . The same is true for all the municipalities of Hauts-de-Seine (92), Seine-Saint-Denis (93) and Val-de-Marne (94) , "specifies the government.

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The owner of the 7th ensures that it was his main residence and not a second home, but the court estimated that he had not obtained enough evidence. The owner praised his property for at least three and a half years and drew almost 57,000 € additional compared to a rent perceived via a conventional rental. The court thus sentenced him to a fine of € 50,000. The judge had a heavier hand with the concierge who will have to pay more than € 130,000 fine.

" The judges considered that man was in bad faith and that he broke the law knowingly. In addition to that, the goods concerned being located in the 7th and 8th arrondissements, the tension of the real estate market is indisputable and the conviction is justified all the more ”, rejoices Ian Brossat, assistant to the mayor of Paris in charge Housing, with the Parisian . Note that the City of Paris received more than two million euros in 2022 alone thanks to this type of conviction, according to the elected communist.

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