October 16, 2013
A) EXEMPTION FROM THE FIRST SECOND HOME
Article 6b (new)
Al'alinéa 5 2)
Complete the paragraph by « When the Dwelling local is the primary residence of the landlord within the meaning of Article 2 of the n ° 89-462 law of 6 July 1989 to improve the tenancy relationships and amending law No. 86-1290 of 23 December 1986 or, in cumulative days for a maximum lease term of eight months a year, only one secondary residence, no change of use permit is required to rent it for short durations to transient guests who do not elect domicile. »
First, it is to substitute the word « renting » the word « lessor ». Indeed, the notion of renter may cause confusion with a tenant who wants to sublet, or any other player in the furnished apartment that rents on behalf of donors, apartments.
Then consider this amendment, under certain conditions, the first secondary residence, and only as a room for the home, like the main residence. It is in fact because it is here to take note of what is simply a matter of common sense: the notion of « dismount.»
Indeed, how to justify a second home, occupied several times a year by its owner or his relatives can not be considered a home? This would indeed no sense to change the use of a home that the owner uses occasionally.
The owner must be able to rent the first secondary residence freely for short periods while he does not occupy.
- In the interest of better regulation furnished rentals short, the exemption of the secondary residence of the use of regime change should cover, for owner, one apartment outside his residence,
- Owner shall nevertheless, unlike his main residence, conduct a town hall in statement to the short term rental of its first secondary Presidency
- To guide the furnished short-term rental in second homes, this scheme would be limited to 8 months of maximum rent in the year. This would limit the financial interest of a "pure investment" without occupation and prevent abuse where owners of multiple homes are the tourist furnished rental real trade while protecting the owners have, in addition to their principal residence, one secondary residence.
If the first secondary residence was not exempt owners could keep their empty apartment circumvent the law by changing the location of their principal residence or rentals unofficially. Which would address, on the contrary, none of the problems of housing.
B)APPLICATION OF LAW HOGUET FOR ACTORS SHORT-TERM RENTAL FURNISHEDAdding an Article 4c « The provisions of Law No. 70-9 of 2 January 1970 regulating the conditions for conducting activities relating to certain transactions involving buildings and goodwill are applicable to any digital platform cash funds on behalf of the owner or which is involved in linking the parties. »
The purpose of this amendment is to put on an equal footing all actors on the market for furnished rentals short, realtors as digital platforms involved in the linking party or who cash funds.
Law No. 70-9 of 2 January 1970 called Hoguet law already applicable to French companies specializing in furnished rentals short term, should apply to all players who have comparable activities in the market for furnished rentals. Including French and foreign digital platforms which are, due to their intervention in the linking of the parties, the same profession as the French companies which are already subject there.
These obligations are: obligation of business cards, application and verification of the ownership certificate, check the owner's consent in case of sublease (and limiting the amount of rent) and compliance with reporting requirements, respect for duty information and accounting rules ...
This is to regulate digital platforms, whether French or foreign, by imposing on them the same legal framework as that which applies to the French companies specializing in furnished rentals short. In order not to create distortion of competition to the detriment of French companies and their jobs can not be outsourced.
This framework is essential facing the practices along these digital platforms such unauthorized subletting by the owner, the authorized rent exceeded in case of sublease, and the non-display of rental property diagnosis, yet mandatory for consumer protection ...