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Five things to know about renting out your French property

Many people who buy a second home in France hope that as well as it being a pleasant bolthole, they will also generate some rental income. But it's a bit more complicated that just posting an advert and waiting for the money to roll in.

Five things to know about renting out your French property
Your French holiday home could be a source of income. Photo: AFP

While of course renting out your holiday home – either on a long-term or a short-term basis – is perfectly legal in France, there are several things that you need to consider first.

1. Short-term or long-term rental?

For most people who want to keep some time for themselves at their place in France, short-term rentals are the most attractive option. However, the income stream is always a little unreliable, so if your circumstances have changed and you need to make some money then long-term rental might be the better option.

There’s no limit to how many days per year you can rent your second home for, but if it’s a short-term lease, the same tenant cannot stay for longer than 90 days.

If your property is furnished, you also cannot offer long-term rental agreements of less than one year (or three years if it is unfurnished), so you’re looking at a reasonably long-term commitment.

If you’re planning to rent out your place on a long-term basis, be aware that the law in France is heavily weighted in the tenant’s favour. If you end up with a bad tenant you may find it difficult to get rid of them (especially in winter, the law prevents landlords from evicting tenants who are in arrears between the months of November and March). 

2. Register the property

If you decide to rent out your home, you will need to tell your local mairie and register the property as a rental property. You will also need to apply for a ‘non professional SIRET number’ to prove that you are properly registered as offering rental accommodation. This can be done at your local tax office.

If your property is in a zone tendu (an area where there is a housing shortage) the mairie may require authorisation to make the change, and there may be charges involved. You can find a list of zones tendu here.

3. Tax

You may think that if your permanent residence is outside France, you don’t need to contact French tax authorities. But the law states that if you’re earning money from your French property then you will have to start making annual tax declarations.

There are some quite generous tax breaks for landlords in France, meaning that you might end up not having to pay very much, but you still need to hand over tax declarations. You will need to tell the tax authorities in your home country about this income as well, but double taxation deals between France and most other countries mean that you won’t be taxed twice on the same income, you simply need to tell two sets of tax authorities about it.

As the building owner, you will continue to pay taxe foncière even if it’s rented out, but if you lease on a long term-basis the taxe d’habitation will then be paid by the tenant.

READ ALSO Essential information about the French annual tax declaration

4. Professional landlord or amateur?

This isn’t about whether you conduct yourself in a professional manner, it’s about what type of accommodation you are renting and the type of tax you pay.

With income from a rental property you either pay tax under the Micro regime or the Réel regime.

There are quite a few rules around this, but basically Micro is more straightforward but Réel, which involves declaring yourself as a professional landlord, has more financial advantages such as a lower tax rate and deductions for mortgage costs. It is nonetheless a complicated process, so we would suggest you get professional advice.

5. Extra costs

As well as taxes on your income from the rental, there are extra costs to consider. Insurance is not compulsory for landlords in France but is strongly advised.

It’s not just to cover breakages but to protect yourself if, for example, your tenant seriously injures themselves falling down the stairs and launches legal action against you. This type of scenario will not be covered by standard home insurance, and some home insurance contracts specifically forbid renting the property out, so you will need specialist landlord insurance.

If you are not based near the property you will also need to consider who will clean the place between rentals and arrange for keys for the tenants. In some areas, especially those popular with tourists, there are agencies that provide these type of services but in other places finding someone to do this kind of irregular work with short notice can be difficult.

And finally . . . a word about Airbnb

Renting out your property via Airbnb is perfectly legal, with some people using the platform for year-round holiday lets and others just letting out their property for a few weeks of the year while they themselves are away.

However, local authorities in several parts of France, including Paris and Strasbourg, have enacted special rules to curb the ‘Airbnb effect’ that was pricing so many local people out of the rental market. So make sure you check local rules first if you plan to use Airbnb. 

Member comments

  1. Wondering how all this applies to doing vacation rentals on Air BnB? And if you have to net a specific amount before paying tax on earnings?

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PROPERTY

French politicians agree on tighter Airbnb rules

The property rental platform Airbnb is the target of a new French law tightening conditions of use.

French politicians agree on tighter Airbnb rules

France already imposes several restrictions on people who want to rent out their property via the holiday letting platform Airbnb, but new legislation making its way through the French parliament is set to tighten the rules further.

Across Europe, the platform is often blamed for housing shortages in tourist hotspots – with local leaders saying that locals are priced out of the market because landlords can make a bigger profit renting out property to tourists, with cities including Barcelona and Paris bringing in stricter controls.

Although France already imposes controls at both a national and a local level, a new law is now being debated which would, among other things, close tax loopholes for landlords.

The bill, proposed by MPs from Emmanuel Macron’s centrist party and the centre-left Parti Socialiste, has already been approved in the Assemblée nationale and is now being debated in the Senate. Senators are also broadly in favour but have added some amendments – that means the bill will have to go back to the Assemblée but with the overall agreement of politicians in both chambers it seems likely that the bill will be passed in something similar to its current form.

Tax loopholes

The biggest change in the bill will be closing a ‘tax loophole’ that makes it advantageous for landlords to rent out properties as a holiday rental.

Tax on income from property rentals is currently charged at a variable rate depending on whether the property is rented furnished or unfurnished and as a long-term rental or a short-term holiday let.

Politicians say that the current rates mean that landlords are rewarded with lower tax rates for letting on Airbnb, and want to change the tax system to incentivise landlords to let long-term to tenants who will live there (in France, most long-term rentals are unfurnished).

The exact tax rates are the subject of amendments between the two different houses of parliament, but it seems likely that the tax rates will change.

Communist senator Ian Brossat denounced “an absurdity which means that a landlord pays more tax if he rents his property year-round to a worker than if he rents his property to tourists”.

Local restrictions

At present most of the strictest restrictions on Airbnb rentals are at a local level – for example, the city of Paris has a total ban on second-homes being advertised on Airbnb, while people renting out their main residence are limited to 120 days per year.

Meanwhile, in Pyrenees-Atlantique, one commune is bringing in rules that require anyone letting a property full-time on Airbnb to show that they are also letting at least one property to a long-term tenant. 

Numerous other local authorities, mostly in touristy areas, have their own restrictions on rentals via the platform.

In many areas you are required to register with the mairie if you want to let out your property.

The bill aims at strengthening powers for local authorities to impose Airbnb restrictions, although the Senate rejected a proposal to further lower the limit for temporary rentals to 90 days per year. 

Tax declarations

Although tax rates may change, the bill does not change the current rules on declaring Airbnb income. Anyone who rents out a French property on Airbnb for even one day a year must declare the income to French tax authorities – even if they do not live in France.

READ ALSO What you need to know about renting out your French property on Airbnb

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