Seasonal rental: what are the rules to know to avoid penalties?

Seasonal rental is the act of earning rental income by renting out your main residence for a given period. This concept, which is extremely interesting for collecting third-party revenue, has been booming in recent years. Professionals on the internet have since multiplied and offer to rent out properties with ease. The owner then defines the period as well as the rent to which the ephemeral tenant must pay.

There is a real business around this practice. The State had to react and to introduce measures aimed at regulating it. Practitioners are now subject to strict regulations and are exposed to relatively strong penalties. It is therefore imperative to comply to avoid having to pay fines. Return on the points which regulate the seasonal hiring.

Declaration to your municipality

First of all, an owner wishing to enjoy this practice has the obligation to declare it to the town hall of the place of residence. The reconciliation must be done before the rental. A matricule number is then provided by the municipality and it must appear on the advertisements. An owner is liable to a fine of 450 euros if he does not appear.

However, registration with the town hall remains a measure that is still too little known, since only 15% of owners are referenced. A priori, the online platforms will have to ask for it to validate the publication of the ads. They are also thinking about devices to create a direct link between owners and localities. The purpose is to facilitate the procedures and the processing time.

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The rental period to be respected

In addition to these administrative procedures, an owner must respect a maximum deadline for the rental of his main residence. Indeed, the practice must not exceed 120 days per year. Regarding the provision of a secondary residence, the regulations differ depending on the locality. It is therefore better to inquire when applying for your number to be fixed on the number of days expected.

Owners have every interest in complying with time limits imposed by the state because the financial fines are high. Moreover, they will increase when the ELAN law is definitively enacted because they could reach several thousand euros. If the 120-day threshold is exceeded, the fine is capped at 50,000 euros in a city of more than 200,000 inhabitants. A level intended to be dissuasive since the penalties are generally between 5,000 euros and 10,000 euros.

Read also: Seasonal rental investment: the basic rules

Get Condominium Approval

Owners must be aware that seasonal rentals can disturb the tranquility of co-owners. Indeed, if the accommodation is in a building and the incessant comings and goings of tenants disturb the neighbors, conflicts can ensue. It is therefore essential to notify the co-owners and obtain their agreement. The internal regulations of the building may also well and truly specify the prohibition of the practice.

More frequent checks

Now, the state is also showing a real desire to flush out fraudsters by carrying out increasingly regular checks. But individuals are not the preferred target since professionals are also under surveillance. Indeed, the ELAN law will introduce a measure which aims to financially sanction online platforms with 50,000 euros in the event of a breach. The latter will therefore have to be extra vigilant as to the eligibility of the advertisements posted.

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