Seasonal rentals: beware of the dangers!

holiday letHere we are at the beautiful days, the luckiest of us will be able to take advantage of the summer to go on holiday for a few days, a few weeks. 
Maybe you will rent an apartment or a house to individuals. 
Conversely, you may intend to rent out your accommodation during your absence. 
In all these cases, good reflexes are to be taken now!

If you are looking for a holiday rental : 

Beware of the ghost landlord, or the house that doesn't exist...
At the time of research and reservation, beware of low rates... Bargain is possible, but it is rare and must make you suspicious.
First of all, make sure that the lessor exists. by having a phone conversation with him. Absolutely avoid exchanges only by e-mail
Check on the Internet (using Streetview) for example if the address exists ;
Also check (on discussion forums) whether scams have already been identified on the website you visited.
Be vigilant about the amount of the deposit or advance payment. to be paid and the required method of payment: requests for payment by cash money order or international transfer for a property located in France should attract your attention.
Require a written lease agreement. Indeed, the owner-lessor, or his representative, has the obligation to give you one, in accordance with the decree of May 16, 1967. Both copies of this document must include a description of the premises, the rental dates and the price (with an indication of the charges).

On your arrival at the rental location: 

  • an inventory of fixtures must be made Don't neglect it, even if you are tired from the journey; and refuse to sign it if it doesn't look right.
  • If the property does not comply to the description, Article L121-1 of the Consumer Code provides for penalties for misleading commercial practices.

Art L121-1 of the Consumer Code

I.- A commercial practice is misleading if it is committed in one of the following circumstances :
1° When it creates confusion with another good or service, a trademark, a trade name, or another distinctive sign of a competitor;
(2) where it is based on false or misleading allegations, indications or presentations relating to one or more of the following elements:
(a) the existence, availability or nature of the good or service ;
(b) The essential characteristics of the good or service, namely: its substantial qualities, composition, accessories, origin, quantity, method and date of manufacture, the conditions of its use and its fitness for purpose, its properties and the results expected from its use, as well as the results and main characteristics of the tests and checks carried out on the good or service ;
(c) The price or the method of calculating the price, the promotional nature of the price and the conditions of sale, payment and delivery of the good or service ;
(d) The after-sales service, the need for a service, spare part, replacement or repair;
(e) The scope of the advertiser's commitments, the nature, process or reason for the sale or provision of services;
(f) The identity, qualities, aptitudes and rights of the professional;
(g) The handling of complaints and the rights of the consumer;
3° Where the person on whose behalf it is carried out is not clearly identifiable.
II - A commercial practice is also misleading if, having regard to the limitations of the means of communication used and the circumstances surrounding it, it omits, conceals or provides unintelligible, ambiguous or untimely material information or where it does not indicate its true commercial intent where this is not already apparent from the context.
Where the means of communication used imposes limits of space or time, in assessing whether substantial information has been omitted, account should be taken of those limits and of any steps taken by the trader to make that information available to the consumer by other means.
In any commercial communication which constitutes an invitation to purchase and which is addressed to the consumer and which refers to the price and characteristics of the goods or services offered, the following information shall be regarded as material:
1° The main characteristics of the good or service ;
2° The address and identity of the trader;
3° The price including all taxes and delivery costs to be paid by the consumer, or the method of calculation, if they cannot be established in advance;
4° The methods of payment, delivery, execution and handling of consumer complaints, if they are different from those usually practised in the professional field concerned;
5° The existence of a right of withdrawal, if this is provided for by law.
III.-The I is applicable to practices aimed at professionals.

If you disagree with the owner, try to negotiate a discount or refund. Do not hesitate to send a registered letter to the owner, and call a bailiff very quickly, for example by using the online booking platform below:
bailiff noise report

 

The bailiff may draw up an inventory of fixtures and advise you of the legal steps to take.


Conversely, if you wish to take advantage of the summer to rent out your home? 

If you are a tenantThe first step to take is to check whether you are authorised to rent your property by your landlord.
If your lease contract is silent on this subject, do not hesitate to ask your landlord for a written authorization. Furthermore, be aware that subletting should not be done at a rate higher per square meter than the rental itself. It is therefore out of the question for you to get rich.

Whether you are an owner or a tenantFor more information, contact the town hall or the prefectural services. Indeed, in some communes (for example those with more than 200,000 inhabitants), registration is compulsory at the town hall. In addition, some communes wish to prohibit purely and simply seasonal rentals from one individual to another.

Finally, if you are a landlord and you realize that your tenant is subletting (seasonal or not, by the way) his dwelling, know that you must be able to bring proof of the subletting of the dwelling . The proof being free, you can obtain attestations from the neighbours or the guards... but nothing will replace the absolute proof that is the Statement of facts by a judicial officer

With this act, you will provide proof of the reality of the rental of the accommodation on a website as well as the rate per night or per stay, which will further prove unjust enrichment.

Subsequently, with the help of this observation:

  • You can summon your tenant before the tribunal d'instance (exclusive jurisdiction of the tribunal d'instance under article R221-38 of the Code de l'Organisation Judiciaire) in order to obtain damages. The first decision in this regard was handed down on February 13, 2014 by the District Court of the 9th arrondissement of Paris, which sentenced the tenant to 2,000 euros in damages.
  • You can initiate eviction proceedings: this involves enforcing the resolutory clause of the lease providing for a peaceful use of the lease and complying with the terms of the lease.
  • You can give notice for the end date of the lease for non-compliance with the terms of the lease.

 

Your bailiff is at your disposal to choose between these steps and to explain them to you in detail.