Holidays lettings in France - Tips and tricks by Valérie Augros

Holidays lettings are sometimes leading to occurrence of neighbours’ nuisances or disturbance. A solution to avoid such nuisance was then found in condominium (homeowners association) rules and rules relating to neighbours’ disturbance. Indeed, it appears that condominium rules often provide for a quiet use of the premises installed in buildings. In addition, rules relating to neighbours’ disturbance enable the disturbed neighbours to bring litigation against the indelicate neighbour for damages and/or for preventing him to cause further disturbance. Recently, French courts rendered severe decisions against holiday lessors, when repeated nuisances were observed by the homeowners’ association. In summary proceedings, a court decided for instance to grant to the homeowners’ association a provision of euros 2,000 on damages and to prohibit further holiday lettings.11 In another case, two companies that were owning several apartments in a building, and offered them as holiday lettings through various Internet platforms, were sued by the homeowners’ association. Nevertheless, given significant disturbance for other residents (noise at night, insult to residents, smoking or taking drugs in the stairs, etc.) the two companies were compelled to stop holiday lettings to tourists for only 16 months, as an unlimited prohibition to rent was found excessive by the court.12 Upon appeal, the court infirmed the prohibition to rent decision but rather ordered the two companies to take appropriate measures to stop neighbours’ disturbance against a daily fine of euros 1,500 for any reported infringement.13 Attractiveness of holiday lettings should now be measured with regards to recent court decisions applying strictly various applicable legislations. All concerned parties should act with prudence when intending to let or to offer for let tourist accommodation. Valérie Augros 11 CA Montpellier, 29 Oct. 2020, n°19/04215. 12 TJ Paris, ref., 12 May 2021, n°20/56124. 13 CA Paris, 11 Feb. 2022, n°21/10676.

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