La bataille fait rage entre la mairie de Paris et plus de 400 propriétaires accusés d’avoir loué illégalement leur logement.

Locations Airbnb illégales: ce document qui dérange la mairie de Paris

H2. No, it’s not a code name for winning at sea battle. These two little letters cause a lot of problems at the Paris City Hall. It all started with a decision of the Court of Cassation rendered in February 2021. The “anti-Airbnb” arsenal (not to exceed the ceiling of 120 rental days per year, obtain the agreement of the town hall if such is the case or in the case of secondary residences…) was deemed legal. From then on, the town hall of Paris believed that it would systematically win the lawsuits which oppose it to more than 400 owners who have illegally rented their second home and risk, in the event of conviction, a maximum fine of 50,000 euros (article L651- 2 of the construction and housing code). Nay!

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To do this, the City must indeed prove that the offending dwelling was indeed residential premises on January 1, 1970 – and not after this date -, as provided for by law (article L631-7 of the construction and the dwelling). “This proof is essential to convict the owner who engages in Airbnb type rental without authorization.“, underlines Maître Valentin Simonnet, lawyer at STAS & Associés. Problem: This 50-year-old document”does not always include the particulars requested by the judge, namely the name of the occupant, the rent paid on January 1, 1970 and the date of entry into the premises“, details Me Xavier Demeuzoy, founder of the firm Demeuzoy Avocats.

A real obstacle course which “panicked the town hall lawyers when my clients won in the first instance», entrusts to the Figaro a landlord’s attorney. The latter rushed into the breach for a result that is more or less in their favor. “On approximately 80 files, I obtained 90% of victories in first instance. I have just obtained my first victory on a file where the town hall had appealed“says Lorène Derhy, lawyer at the Paris Bar who defends, on this appeal, the owner of a 14 m² in Montmartre (Paris 18th) who obtained nearly 3000 euros in reimbursement of expenses.

Running water, erasures, unsigned form…

Crossed out entries, H2 sheets neither dated nor signed or illegible lot identification may be enough to win your case against the town hall“, underlines Me Demeuzoy who obtained, for approximately half of the 150 files that he defends, that the town hall is dismissed from his request for a fine of 50,000 euros. Even a simple matter of running water can trip up the City of Paris. “The accommodation has no bathroom and toilet and does not have running water, which contradicts the residential use.“, judged the Paris Court of Appeal, which ruled in favor of the owner in question, in a decision rendered last September that Le Figaro has procured. Contacted, the town hall of Paris did not respond to our request.

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It remains to be seen whether these decisions favorable to the owners will set a precedent. “I reasonably guess that all the files where the town hall of Paris reports an H2 form which does not mention rent on January 1, 1970, will be won by the opposing parties if the town hall does not provide additional evidence to report the use of habitation of the premises to which it refers on this imperative date“says Lorène Derhy. And that’s not all. What about owners who have won their case? Will they be able to rent their second home again on Airbnb? “In my opinion yes because they could invoke the principle of “res judicata”. But I advise them to wait to find out if the town hall appeals in cassation. If this is not the case, I answer them yes“, answers Me Romain Rossi-Landi, who won, in the first instance, for 18 files out of a total of twenty.

SEE ALSO – Airbnb: Ian Brossat proposes the establishment of a quota per district in Paris

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