Published on : 02 August 20194 min reading time
Sub-renting an apartment or renting a house during the holidays can be an effective solution for financing one’s own vacation or collecting additional income. Check https://www.for-sale.com, if you want to have further more information about renting an apartment for the holidays.
Am I allowed to rent my apartment during the holidays?
Renting your house during the holidays is an interesting solution to amortize the cost of your home. This practice is completely legal, but the rental period can not in principle be greater than 3 consecutive months. If you are an owner, you will not need any special authorization. There are however exceptions, especially in Île-de-France where you have to apply to the prefecture or town hall.
If you are a tenant, know that the law of July 6, 1989 prohibits to sublet his apartment for the holidays without written agreement of your lessor. This agreement may take the form of a clause in the lease or an ancillary document prepared by your landlord.
To sublet your apartment during the holidays: the rules to follow
Notify your insurer
Tenant or owner, it is essential to inform his insurer before renting his apartment or his house during the holidays.
If you are an owner, check that your home multi-risk insurance covers you if your tenant sublets your home. If this is not the case, it is possible to subscribe warranty extensions.
If you are a tenant, you are legally responsible to the owner. Ask your insurer to find out if your insurance policy covers claims incurred under a sublease.
Write a written lease
Article L.324-2 of the Tourism Code is clear on this subject: “Any offer or seasonal rental contract must be in writing and contain an indication of the price requested and a descriptive statement of the premises.”
The contract will be signed by both parties and will contain the following information:
- Duration and precise dates of the rental
- Asking price
- Address of rented accommodation
- Terms of cancellation, etc. …
Establish a description of the rental
As a renter, you are also required to provide the renter with a complete description of the accommodation, this will include:
- An inventory of equipment with appreciation of its condition: the best is to present it as a table
- The type of rented accommodation (apartment, house, duplex, etc …)
- The area and the number of rooms
- The geographical situation (proximity to the beaches, public transport, shops around, etc …)
- Possible nuisances surrounding the housing for rent (antennas, discotheques, factories, railways, etc …)
Make an inventory of places of entry and exit
Sub-renting your home during the holidays also requires a complete inventory, dated, initialed and signed by both parties. This will be done at the time of handing over the keys and the day of departure of the holiday tenant.
You will make a precise description of each room of the house and all that is likely to suffer damage by the tenant. You will specify in particular the state of the grounds, the walls, the sanitary equipment, the appliances, etc. Even if it is not obligatory, this document constitutes a guarantee for the two parts and will protect you in case of dispute.
Rent a decent home
Your accommodation must comply in all respects with the description and the inventory that you have provided to the holidaymaker. You must rent a decent home that must be habitable and present no danger to the occupants (electricity, water supply, swimming pool, etc.).
Report rents to the tax authorities
Rents collected as part of a seasonal rental are subject to income tax. They will therefore be declared in the BIC (Industrial and Commercial Profits) category, either under the flat rate system or under the real regime.
Sub-renting your apartment or renting your house during the holidays commits the renter to respect certain specific rules. To make sure everything is going well and to protect you from potential litigation, just follow these tips.