Paris City Hall lost a new showdown in Airbnb Places. A landlord was sued for renting his second house on the platform, for 53 days, without being authorized by the Municipality to offer such rentals, as required by law (Article L631-7 of the Building Code). We remind you that if in large cities tourist rentals of primary residences are authorized 120 days a year, they are strictly prohibited for second homes. Unless a change of use is obtained to transform the premises into commercial spaces.
The owner, who risks a fine of 50 thousand euros, defends himself by explaining that the accommodation was occupied by his son during the period in question.Since it depends on the tax residence of his parents, the accommodation can be considered as a primary residence and therefore be rented on Airbnb», justifies Me Xavier Demeuzoy, the owner’s lawyer. An argument that the Paris Court accepted at first instance. The City of Paris was therefore rejected but has appealed against this decision.
A real main residence
Before the court, the municipality stressed the fact that the owner managed the rentals of the accommodation on Airbnb and received the rental income. An argument rejected by the Court of Appeal, which accepted the same argument as the Paris court. “It has been proven that the apartment, which is the object of the crime being prosecuted, corresponds to the main residence (from the owner’s son), so that the crime is not qualified“, explains the Paris Court of Appeal, in a decision of March 14, 2024 that The Figaro was obtained (see below). The court therefore found that the accommodation, purchased in November 2019 by the tenant’s parents, was occupied by the latter for at least eight months of the year and can therefore be considered his main residence, as required by law (Article 2 of the law of 6 July 1989). By renting the apartment for 53 days in 2020, the court also notified that the landlord had also complied with the “120-day rule” which requires that a the main residence cannot be rented for more than 120 days per year.
Even though no rental agreement was signed between the owner and his son and the rental income was received by the father, the defense’s argument was therefore right and led to the condemnation of the city of Paris. The municipality will have to pay the owner 2,000 euros to reimburse legal costs. “If you plan to rent out your second home occupied by your child on Airbnb, consider signing a rental agreement declaring this property as your primary residence. This will help you avoid the risk of legal action.and,” advises Xavier Demeuzoy.