Rent your main residence during the holidays
Regulation: Renting your main residence during the holidays
Today, many dwellings considered as the main residence of a household are rented during holiday periods. To do this, certain points must be respected such as the inventory and the declaration in town hall.
In general, the owner does not need to make a declaration to the town hall in order to rent his main residence, however the property must be rented less than 120 days a year or 60 days by decision of the mayor in some municipalities. Except in cases of force majeure, professional obligation or health reason. The property must be rented for exclusive use to a so-called "passing through" clientele whose maximum rental period may not exceed 90 days per customer. In order to assign a declaration number that must legally appear in the rental advertisement, some cities require the owner to declare the rental of their main residence, such as Paris, Bordeaux, Lyon or Aix-en-Provence). The owner must check the non-prohibition in the co-ownership regulations, in the case of a co-ownership, if seasonal rentals are not prohibited.
It is stipulated by the law of 6 July 1989 that the tenant may not sublet his accommodation during his holidays without benefiting from the consent of his owner by a written agreement.
The steps to take to rent your main residence
For seasonal rental use, a written rental lease is mandatory, to be signed by the tenant and the owner while specifying the terms of the rental as well as its price. In this contract must appear the respective identities of the owner and the tenant as well as the rental period with its period, in addition a description of the property must be made, including the address, the number of rooms, its surface, etc ... In addition to the estimated amount of the tourist tax, which must appear on the lease contract, the owner is entitled to require a security deposit from tenants to cover themselves against possible damage to furniture or equipment.
In general, the amount of the deposit is between 20 and 30% of the rental price, the latter is not regulated. If no damage is found and the deposit has been cashed, it must be returned on the day of departure or following the departure of the tenant. In case of deterioration during the inventory of fixtures of exit, the owner is entitled to deduct from the security deposit the amounts necessary to restore the premises.
By benefiting from a multi-risk insurance, ensuring the presence of a third party in the housing, it is possible to be covered by notifying your insurer in advance before renting your main residence.
Why rent your main residence during your holidays?
An increasingly common practice, it is practical, remunerative and flexible in its execution while remaining within the law in order to have at its disposal a complementary source of income. Income that can be made available to finance work, pay for your own holidays or repay monthly mortgage payments. As a result, the dwelling remains occupied, a parameter that can reassure some owners who fear leaving their dwelling empty for the time of their absence for fear of burglary. Some precautions are still not negligible to take such as the protection of his internet connection or even notify his insurance company before renting the accommodation. The insurance will be able to attest or not whether the company covers damage potentially caused by holidaymakers during their rental.
It is important to know that since January 1, 2019, within some municipalities, the tourist tax from the tenant and collected by the owner must be paid to the municipality. As part of a rental through an online platform, the latter is authorized to collect this tax.
- Many dwellings considered as a household's principal residence are rented during holiday periods.
- Some points are to be respected such as the inventory and the declaration in town hall.
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Posted on 21/10/2021 by
Andy LECUYER
