Tourist rentals: cities face strategies to circumvent landlords

Last November, a law was passed to make furnished tourist rentals less tax-efficient and give mayors the tools to limit their development, which is exacerbating the housing crisis in certain already strained areas.

"The problem with laws like this is that, as soon as they are implemented, some actors already have avoidance strategies," laments Iñaki Echaniz, Socialist Party MP for Pyrénées-Atlantiques and co-author of the law.

He was speaking at a conference day organized Tuesday by France urbaine, an association of major cities, where elected officials from Paris, Marseille and Annecy railed against circumvention practices, which "cost a lot of time and energy," according to a Parisian elected official.

For example, at the Eurometropolis of Strasbourg, Sandra Nort Potin "sees more and more people who have their property classified," that is, who contact a certified organization to obtain one to five stars, like hotels or campsites.

The procedure is simple, encouraged by certain platforms like Airbnb, and allows for a greater tax reduction and a lower tourist tax.

Patrick Amico, deputy mayor of Marseille in charge of housing, is concerned about "false primary residences."

In many cities, if a homeowner wants to rent out their second home on tourist rental platforms such as Airbnb or Abritel, they must now apply to the town hall for permission to change the use of the property to a commercial activity.

Some municipalities are reluctant to grant such permits, like Paris, which is demanding compensation with the creation of housing, in order to avoid losing homes dedicated to residents.

Some owners are therefore declaring false primary residences, or finding another status exempt from regulations: in Marseille, "requests for the creation of coliving are exploding," according to left-wing elected official Patrick Amico, who notes that these shared accommodations with high-end services managed by companies are sometimes transformed into furnished tourist residences.

Illegal schemes

Another measure of the November law, the cap of 90 nights per year for the rental of a primary residence on a platform, in cities that want it, is the subject of numerous illegal ideas for circumvention on the internet: publishing several advertisements for the same accommodation, declaring the rental of a room in a private home, renting by mutual agreement outside of the platforms... All these schemes can lead to heavy fines.

Some owners also find a more profitable middle ground: "a property rented under a mobility lease (intended for students, employees on temporary assignments or in professional training, editor's note) for eight months of the year and as a tourist residence for the other four months," reports Patrick Amico.

"Especially in downtown Marseille, that's all you find," he says. Cécile Helle, Socialist Party mayor of Avignon, makes the same observation in her city, where renting theaters during the theater festival is very lucrative.

The new law has nevertheless helped to counter certain avoidance practices, according to Barbara Gomes, a delegated councilor at Paris City Hall, responsible in particular for rental platforms.

Owners can no longer hide behind civil real estate companies (SCI) or concierge services, which are now subject to the same regulations as individuals.

Barbara Gomes and her counterparts in other cities are now waiting for the digital platform for sharing data related to short-term rentals, scheduled for May 2026 by a European regulation.

In a statement sent to AFP, Airbnb stated that it "supports the European regulation" which "will provide local authorities with the data needed to implement proportionate local measures, while preserving the economic opportunities offered by this activity." The platform indicated that it already provides "a wide range of data to municipalities."

For Barbara Gomes, having more detailed data on owners, the number of overnight stays, the type of residence, and properties linked to a single owner "will allow us to take concrete action and improve our monitoring work."