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Frenchman fined for sub-letting flat on Airbnb

Tenants in France might want to think twice before they consider using rental sites such as Airbnb to boost their income after a Parisian was recently fined €2,000 for illegally sub-letting his apartment on the website.

Frenchman fined for sub-letting flat on Airbnb
Frenchman fined for subletting apartment on Airbnb website. Screengrab: Airbnb.

A tenant in the 9th arrondissement of Paris has been charged with illegally subletting his apartment using the popular short-term room-rental website Airbnb.

Although cases of illegal subletting are nothing new in France, this is the first known case in France involving the website, which is popular among tourists in the notoriously expensive French capital.

According to Le Monde, the tenant in question profited from an average of €180 per month from occasionally subletting his apartment on the website.

Guests included two “travelling friends” who paid €300 each per month, Le Parisien reported.

Protesting the charges, the man claimed he gained “absolutely no advantage” from renting out his flat and that the guests were simply contributing towards living costs.

But in February the tenant was forced to pay €2,000 to his landlord, the SCPI, a real-estate investment trust, for failure to perform his obligations as a tenant.

By French law, landlords are forbidden from renting out their main apartments for less than a year, or nine months in the case of a student.  

In the case of seasonal rentals, the only obligation concerns secondary residences in towns with more than 200,000 inhabitants, in which case the landlord must register at the town hall, according to Le Monde.

“The problem is not so much Airbnb, or other similar sites, but rather subletting in general,” David Rodrigues a legal advisor at the CLCV housing association told the paper. “You need a written authorization from the landlord and the rent cannot be higher than the price per metre squared that you are paying.”

Founded in San Francisco in August 2008, Airbnb boasts 500,000 listings in 33,000 towns and cities in 192 countries. In April the company was valued at  $10 billion.

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PROPERTY

How to avoid French property rental scams

Finding a place to live - or even to stay - in France can be difficult, and to make it more complicated scammers often prey on unsuspecting property seekers.

How to avoid French property rental scams

More and more people head online to begin their search for a new rental property in France – whether they’re seeking a long-term rental to live or somewhere just for a few months.

But this can be risky with scammers active in the market – such as the 40-year-old Paris man accused of swindling 64 victims by illegally sub-letting properties that he did not own.

So how can you avoid falling victim to online criminals?

The golden rule

There’s one golden rule: don’t hand over any of your hard-earned cash before you sign a lease. This may seem obvious, but if you have found an ideal property it could be more difficult to say no if the person you think is the landlord, or their representative demands money – perhaps to ‘secure the property’. That’s a red flag, right there.

As is paying for the privilege of viewing a property. A genuine landlord would not charge you just to look round.

It is, however, completely normal to be asked to send documents such as proof of income/legal residency in France before a viewing. While in some countries you view the property and then undergo financial checks, in France landlords often want to see your dossier before they spend their time showing you around.

READ ALSO A beginner’s guide to renting property in France

Low rental

Rental prices can be high, especially in Paris which regularly tops international comparisons of the world’s most expensive cities. It’s therefore tempting to look for a bargain, but that too-good-to-be-true rental price probably is.

If an property ad has a monthly rental price that is lower than you would reasonably expect for a place in a certain area, beware.

Some legitimate reasons for a lower price might be that the property is shared (colocation), is a sub-let (sous-location) or is the short-term rental known as bail mobilité. However, these types of contract all have their own rules and limitations and – in the case of bail mobilitéare not available to everyone.

First contact

Beware of long emails from the ‘landlord’ of a property you’re interested in, especially if they seek to demand certain conditions on property visits.

It has been reported that some criminals try to scam victims into sending deposit money on the strength of a viewing video. If you can’t physically visit a property, wonder why.

READ ALSO What you should know about paying rental deposits in France

Watch where you’re sending your money

If you’re asked to pay any money by cash transfer, Western Union, or to a bank not based in France, watch out. This could be evidence of a scam.

Note also that deposits are dictated by law. The deposit for an unfurnished rental property can only be equal to one month’s rent, while a furnished property deposit is two months’ rent. 

READ ALSO 9 things landlords in France can never ask of tenants

Remember too: sign the lease before you pay even the deposit. 

Contractual obligations

There are rules about French property rental contracts. They must include the landlord’s contact details (or those of the property manager), and include information on the size of the property, co-ownership regulations, asbestos, lead and energy performance diagnostics, and the effective date and duration of the lease. 

Model contracts are simple to find on the internet. Search for contrat location modele

READ ALSO The vital French vocab for renting property

Google Lens

Online reverse search tools such as Google Lens are your friends. You can check to see if photos purporting to show the property you’re interested in are also being used to ‘advertise’ different properties in other towns or cities. 

Online liability

Platforms on which landlords can post properties for rent may also be used by scammers. The platforms themselves have repeatedly said that they are not responsible for content published on their sites.

But some short-term rental platforms – notably Airbnb and Abritel – have in the past been found liable for content on their site.

READ ALSO Renting property in France: Should I go for furnished or unfurnished?

But protect your data

The government’s Dossier Facile website allows prospective renters to prepare and build their rental file, and gather all their supporting documents in one online storage place – and, crucially, watermarks them to protect you “against fraud from unscrupulous owners”.

And if you are a victim

If you are the victim of a fake online ad, you may be able to file a complaint online on the Thesee platform. Alternatively, get in touch with the police. 

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