Airbnb rental lawyer Paris: change of use, subletting and fines.

Yes, under three cumulative conditions. First, declare the tourist furnished rental via the national online service and obtain a registration number, which must appear on every listing. Second, respect the cap of 120 nights per calendar year where the property is the host's main residence, except for professional obligation, health reasons or force majeure. Third, obtain prior authorisation for change of use where the property is not the host's main residence, failing which the operation exposes the owner to a civil fine of up to €100,000 per property. The Court of Cassation confirmed on 18 February 2021 that this regime complies with European law, following the CJEU judgment in Cali Apartments of 22 September 2020.

As early as 2008, then successively in 2014 and 2018, the Council of Paris resolved to make any change of use of residential premises subject to prior authorisation, under Articles L. 631-7 and L. 631-7-1 of the CCH. The municipal regulation requires compensation for the great majority of professional operations: converting one square metre of housing into a tourist furnished rental requires converting one square metre of office space in parallel, or even two square metres in an enhanced compensation zone. The City has also introduced a registration procedure with a six-digit number and a cap of 120 nights a year for main residences. Any infringement is brought before the president of the Paris judicial court in an accelerated procedure on the merits, and may result in a civil fine of up to €100,000 per property.

Yes, in Paris as in every municipality: the prior declaration of any tourist furnished rental is subject to registration with a national online service. The number must appear on every listing, whether published on Airbnb, Booking, Vrbo, Abritel or any equivalent platform. Failure to display a number exposes the host to an administrative fine of up to €10,000, imposed by the municipality, under Article L. 324-1-1 of the Tourism Code. Exceeding the cap of 120 nights per calendar year, where the property is declared as the main residence, exposes the host to a civil fine of up to €15,000. These caps are those of the version of the Article in force since 20 May 2026. Breaches committed earlier remain subject to the caps applicable at the time: €5,000 for failure to have a number and €10,000 for exceeding the night cap, both as civil fines. The number is issued without fees by the national online service on receipt of the complete declaration, which leaves no excuse for failing to register. The host must keep evidence of the actual length of occupation: energy bills, internet subscriptions, tax returns.

The cap of 120 nights per calendar year applies to the host's main residence, that is, the home they occupy at least eight months a year within the meaning of Article 2 of the Law of 6 July 1989. The Law of 19 November 2024 allows municipalities to lower this cap to as little as 90 nights. Several exceptions apply: professional obligation, health reasons, force majeure. The host must be able to prove, in the year following the letting, the exact number of nights let. The municipality may ask for this until 31 December of the following year. Any excess exposes the host to the civil fine of up to €15,000 under Article L. 324-1-1 of the Tourism Code for furnished accommodation declared as a main residence. Where it shows that the host does not occupy the property eight months a year, the exemption from prior authorisation for change of use no longer applies: the host is then exposed to the fine of up to €100,000 per property. The burden of proof lies on the host, who must produce BIC tax returns, bills, subscriptions and CAF certificates.

Yes, and the law allows it without any specific clause being needed. Article 8 of the Law of 6 July 1989 prohibits the tenant from subletting the property without the landlord's written agreement, which must also cover the price. The same rule appears in Article 1717 of the Civil Code. A tenant who sublets on Airbnb without authorisation risks termination of the lease and the full return of the sub-rents received, which Article 547 of the Civil Code classifies as civil fruits. The Court of Cassation ruled on 22 June 2022, in a judgment published in the Bulletin, that rent is a civil fruit of ownership and the tenant who carried out the prohibited subletting could not be a possessor in good faith (our translation). The landlord therefore recovers all the Airbnb sub-rents, with no deduction of the main rent paid by the tenant.

Four cumulative risks. First, termination of the main lease. In its judgment of 22 June 2022, the Court of Cassation held that profit-making, repeated subletting is a serious breach capable of justifying termination, especially in subsidised housing (logement conventionné). Second, the full return of the sub-rents received, with no deduction of the main rent. Third, eviction from the property, after a judgment terminating the lease and service of a formal order to vacate the premises. Fourth, in subsidised social housing, possible criminal classification as fraud in respect of the housing benefits received. The tenant's lack of good faith is presumed, which rules out any deduction of expenses incurred. For the termination phase, see the residential lease page.

Yes, on three alternative grounds. First, compliance with the co-ownership regulations, where they contain a residential-only clause (clause d'habitation bourgeoise) prohibiting any commercial activity. Regular tourist furnished letting, which generates hotel-type services, is classed as a commercial activity by the case law. Second, Article 9 of the Law of 10 July 1965, which prohibits co-owners from undermining the intended use of the building. Third, the doctrine of abnormal neighbourhood disturbance, where the Airbnb activity causes noise, constant comings and goings or damage to the common parts. The main procedural route is an urgent application to the president of the judicial court under Article 835 of the Code of Civil Procedure, to stop a manifestly unlawful disturbance. The managing agent acts on behalf of the co-owners' association, with the prior authorisation of the general meeting.

Yes, either expressly or through interpretation of a residential-only clause. Where the regulations contain a strict residential-only clause prohibiting any commercial activity, the case law holds that regular tourist furnished letting, which generates hotel-type services, breaches that clause. Where the clause is mixed, permitting the liberal professions, the outcome depends on the disturbance actually caused: an Airbnb without manifest disturbance may escape the prohibition. The general meeting may also vote, by the majority required under Article 26 of the Law of 10 July 1965, a resolution expressly prohibiting tourist furnished letting. This resolution must be passed by the double majority of Article 26 and follow the notice procedure. A resolution adopted by simple majority, or without meeting the quorum, may be annulled. The time limit to challenge is two months from notification of the minutes.

Article L. 651-2 of the Construction and Housing Code, in the version resulting from the Law of 19 November 2024, provides for a civil fine not exceeding €100,000 per property irregularly converted. This law doubled the cap, which stood at €50,000 under the earlier texts. The fine is imposed by the president of the judicial court in an accelerated procedure on the merits, on a writ from the municipality. The proceeds are paid in full to the municipality in which the property is located. The court may also order the return to residential use under a daily penalty of up to €1,000 per square metre of usable floor area. The Paris Court of Appeal has already ordered offenders to pay a fine of €50,000 in a judgment of 15 November 2024. The defence requires a meticulous audit of the H2 and R forms, and a solid evidential strategy.

Several sources of evidence are accepted by the court. First, BIC tax returns, which establish the amount of annual receipts and the frequency of lettings. Second, CAF certificates stating the host's main residence address. Third, energy bills and internet subscriptions, which show the host's actual consumption in the property. Fourth, Airbnb statements of length of occupation, which can be obtained from the host's dashboard. The municipality may, until 31 December of the year following the letting, ask the host to provide the number of days let. Failure to reply exposes the host to a presumption that the cap has been exceeded. A prudent host keeps a detailed log, with the precise dates of each letting and the corresponding certificates. The evidence must be detailed, dated and exhaustive, failing which the court rejects the defence.

Yes, without exception. Income from tourist furnished letting is taxable and must be declared as industrial and commercial profits (BIC). The applicable regime depends on the amount of annual receipts. Below €23,000 and outside professional letting, the host is a non-professional furnished landlord (LMNP) and is automatically subject, unless they elect for a regime based on actual profits, to the micro-BIC regime, with a flat-rate allowance of 30% up to €15,000 of annual receipts for unclassified furnished tourist lets, and 50% up to €83,600 for classified furnished tourist lets and guest rooms. Above that, the host may move to the professional furnished landlord (LMP) regime, with registration in the trade register. The 2024 Finance Act reduced the tax allowances for unclassified furnished lets. Failure to declare exposes the host to a tax reassessment and to penalties of 10% to 80% depending on seriousness. A declaration omitted for several years may lead to a reassessment covering the last three years, or ten years in the case of a concealed activity. The firm coordinates the defence with an accountant where the situation requires it.

Yes, in Paris, for almost all professional operations. The municipal regulation adopted by the Council of Paris in 2008 and amended successively in 2014 and 2018 requires compensation where an owner wishes to obtain authorisation for change of use in order to let as a tourist furnished rental. Compensation consists in converting, in parallel, premises with another use into residential housing. In the so-called enhanced compensation zones, the compensating floor area must be twice the area subject to the change of use, unless the compensation is provided in the form of social housing. Another route is to buy so-called commerciality rights from other owners who wish to convert commercial premises into housing. The Court of Cassation confirmed on 18 February 2021 that this compensation requirement is proportionate under European law.

The president of the Paris judicial court has exclusive jurisdiction over civil fines under Articles L. 631-7 and L. 651-2 of the CCH, pursuant to the last paragraph of Article L. 651-2. The competent court is the one within whose area the irregularly converted property is located. The procedure follows the accelerated route on the merits, which allows a decision within a relatively short time. Representation by a lawyer is mandatory before the Paris judicial court. For challenges to a change of use authorisation refused by the town hall, the Paris administrative court has jurisdiction. For actions to stop Airbnb activity in a co-ownership, the co-owners' association applies to the president of the judicial court by urgent application. For tenancy disputes linked to subletting, the protection litigation judge at the Paris judicial court has jurisdiction.

Yes, in full. The Court of Cassation ruled on 22 June 2022, in a judgment published in the Bulletin, that Airbnb sub-rents received by a tenant in breach of a lease clause prohibiting subletting are civil fruits that belong to the landlord by accession, under Articles 547 and 548 of the Civil Code. A tenant who carries out a prohibited subletting cannot be a possessor in good faith. The highest court quashed the decision of the court of appeal, which had deducted the rent paid to the landlord from the amount of sub-rents to be returned. The landlord therefore recovers all the Airbnb sub-rents received, with no deduction of the main rent. The evidence rests on screenshots of listings, guest reviews, bailiff's reports and formal summons for statements. The amount is calculated from the actual number of nights and the average rate charged, which calls for a precise report covering several periods.

Four successive steps. First, check whether the property is the host's main residence or another property. For a main residence, declaring it via the national online service and obtaining the registration number is enough, provided the cap of 120 nights a year is respected. Second, for other properties, file an application for prior change-of-use authorisation with the district town hall, accompanied by compensation that complies with the local regulation. Third, check compliance with the co-ownership regulations and, where necessary, obtain the agreement of the co-owners' general meeting. Fourth, declare the income as BIC to the tax authorities and keep a detailed log. Regularisation must take place before any report by a sworn City officer, failing which the civil fine may be imposed even if the position is regularised afterwards. The firm advises beforehand on the regularisation strategy and supports the filing of the authorisation application.