That's it, it's official! The famous “anti-Airbnb” law which was adopted by Parliament on November 7 has just been promulgated by Emmanuel Macron. It is up to the cities, against these 1.2 million housing units which “divert” households from renting, to take advantage of this law to apply its strong measures. One of them targets the maximum number of days for which you can rent your accommodation on a tourist platform, if you live in a city with more than 200,000 inhabitants or in certain municipalities located in tense or very touristy areas.
Previously set at 120 days, this maximum can now be reduced to 90 days. In other words, an owner cannot, for his main residence, rent short-term for more than 90 days, except for three often unknown reasons: “obligation linked to professional activity (on French soil)”, “reasons of health” or “force majeure“. For Me Xavier Demeuzoy, another legislative step must be taken. “The 120 days did not come out of nowhere because a residence is no longer primary once it is occupied for a maximum of 4 months, therefore 120 days (article 2 of the 1989 law), underlines Me Xavier Demeuzoy, lawyer in real estate law. For the 90-day period to be definitively legal, article 2 of the 1989 law must be amended.”
This Airbnb rental specialist expects a real “legal puzzle» car «several of my clients have already completed their 120 days or even exceeded 90 days for 2025“. Barely has the law been promulgated than in Paris, elected officials have already planned to put these 90 days into practice. The communist group and the Greens will submit a wish by tomorrow at the Paris Council, according to Le Parisien.
A ban deemed unconstitutional?
Unless they manage to justify their excess by one of the three exceptions mentioned above, owners risk very big if they rent their accommodation for more than 90 days per year on a tourist platform: 15,000 euros. The fine has even doubled for those who rent their second home on Airbnb without having changed the use of their accommodation, as provided for by law: the sanction has increased from 50,000 to 100,000 euros.
Another measure of the Le Meur/Echaniz law, which has gone much more unnoticed and yet has serious consequences, risks causing a lot of noise. Previously, the unanimity of co-owners was necessary to prohibit furnished tourist accommodation in co-ownership. Now a two-thirds majority is enough. “It cannot be excluded that this measure will be rejected by the Constitutional Council because it is an attack on the right of property or the right of enjoyment of the co-owners who must freely decide on their internal regulations without the law interfering in these considerations», warns Me Demeuzoy who affirms that the “two-thirds rule” has already been censored by the Constitutional Council in 2014.
Please note that only co-ownerships which include in their regulations a clause called “bourgeois dwelling”, are concerned. This clause authorizes housing and professional activities in the building but prohibits commercial activities outside dedicated lots such as businesses on the ground floor which are therefore not affected by this “two-thirds rule”.
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