Tourism lawyer and AIRBNB

The firm is consulted by individuals or businesses from around the world regarding its expertise in tourist rentals and AIRBNB regulations.

The firm’s references on tourist rental regulations demonstrate its undeniable skills:

• The first French firm to obtain transaction records from the AIRBNB platform, the firm assists numerous property owners across France. This allows them to obtain transaction records and know the exact number of sublets carried out by their tenants.
• Origin of case law enabling property owners to recover illicitly received earnings from their tenants.
• Recognition of the AIRBNB platform as a content publisher.
• Defense of the UMIH, the main French hotel federation, in its unfair competition lawsuit against the AIRBNB platform.

The firm has obtained convictions against both the platform and users for non-compliance with applicable regulations.

Why consult a lawyer in tourism and rental law?

Goldwin Law Firm has developed a unique expertise in regulation of furnished tourist rentals. We support and advise property owners, tenants, and members of condominiums in their efforts.

Defense of owners summoned or controlled by the city

The firm defends owners and tenants being prosecuted or controlled for their seasonal rental activity via platforms.
Our tourism law attorneys also assist Airbnb concierge services in their monitoring operations.

Airbnb and Subletting

The firm also acts alongside landlords seeking to recover civil earnings received by their tenants.
In cases of subletting an apartment without prior permission from the landlord, the firm helps recover the sums received by the initial tenant and obtain their eviction.

What is a lawyer in digital tourism law?

Tourism has evolved significantly, especially since the emergence of digital platforms.
These new players are disrupting the economy, but also the behavior, expectations, and demands of consumers.

Legally, digital tourism encompasses a wide range of fields. This includes digital platforms, the internet, and personal data.

The firm has significant experience with all legal issues related to tourism. Our tourism law attorneys are experts in assessing the roles and responsibilities of the various actors in the sector and in mastering judicial and out-of-court procedures.

What services does a digital tourism law attorney provide?

The law firm supports players in the new technologies sector regarding:

• Compliance with Information Technology and privacy laws for operators in the sector: booking platforms for accommodations and travel, airport surveillance, passenger data;
• Liability law: airlines (liability limits, flight delays…);
• Business tourism;
• Smart tourism: connected objects, chatbots, mobile apps, virtual reality;
• Regulation of tourism accommodation, especially short-term rentals, declarations for tourist rentals, etc.

What are the basic principles of Airbnb rentals?

Definition of “furnished tourist rental”

Article 145 of the ELAN law No. 2018-1021 of November 23, 2018 defines a furnished tourist rental as a “villa, apartment, or studio, exclusively for the tenant’s use, offered for rent to transient clientele who do not establish residence there and who stay for a period characterized by rental on a daily, weekly, or monthly basis.”
This regulation applies exclusively to furnished tourist rentals. A guest room, hotel, or private room is not considered a furnished tourist rental.

Starting Principle

Any adult can rent their primary residence to transient clientele. The rental limit is 120 days per year (4 months).
As a general rule, this type of tourist rental does not require:

• Any authorization request;
• Any declaration;
• No change in the usage of the rented premises.

However, exceptions apply depending on the city, whether the population exceeds 200,000 or is below 200,000 inhabitants.
Moreover, the rules differ depending on whether it is a primary residence or a secondary residence.

Population of the municipality

In municipalities with a population of over 200,000, anyone can rent out their primary residence. However, several conditions must be met:

• The total rental duration must be less than 120 days per year;
• Obtaining a registration number provided by the municipality where the rented property is located.

In other municipalities, only the 120-day rental limit per year applies.

Primary or secondary residence

The ALUR law of 2014 No. 2014-366 of March 24, 2014 defines a primary residence as a dwelling occupied for at least 8 months of the year.
If the furnished tourist rental is a primary residence, only the 120-day rental limit per year applies.

If the furnished tourist rental is a secondary residence, considerations depend on the population of the municipality: • A furnished rental located in a municipality with over 200,000 inhabitants must be declared to the town hall; • A furnished rental in a municipality with fewer than 200,000 inhabitants may be declared at the town hall but must undergo a declaration of change of use for the premises.

Exceptions: to rent a furnished tourist rental located in cities with populations exceeding 200,000, as well as in certain municipalities such as Hauts de Seine, Seine Saint Denis, Val de Marne, Paris, Bordeaux, and Nice, the landlord is required to make a declaration to the town hall. This obligation also applies to the primary residence and even in cases where the rental is below 120 days per year.

Declaration Procedure

Certain municipalities have implemented a registration procedure, also called a declaration procedure.
Anyone wishing to rent their property must fill out an online form on the town hall website of the municipality where the rental property is located. They will then receive a registration number that must be displayed in their advertisement.

The Airbnb platform specifies this obligation on its site.

Cooperation from the platform.

Law No. 2016-1321 of October 7, 2016, for a Digital Republic establishes mandatory cooperation between the platform and municipal services.
Anyone engaging in a commercial rental activity via a digital platform must publish their registration number in the ad.

The platform must ensure that the property is not rented for more than 120 days per year when the property is the primary residence. The municipality may require the platform to provide the number of days the property was rented through its platform.

If not, the platform may face a civil fine of up to 50,000 euros.

Cooperation from the landlord.

The ELAN law of November 23, 2018, strengthens controls and sanctions related to “Airbnb” rentals.
The new provisions of the law, for example, require landlords to provide, upon request, the number of days their tourist rental was rented.

The landlord has one month to provide this information to the municipality. Failure to do so could result in a civil fine of up to 10,000 euros.

Specific rules also apply to tourist rental activities located in the city of Paris. Feel free to contact one of our tourism law attorneys if you have any questions.