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Post by Olivier François on Jan 22, 2016 9:43:26 GMT
French parliament vote yesterday a text to prohibe tenant subletting without previous owner agreement and to oblige rental platforms to provide this owner agreement. Tenant can be sue for 25.000€ fee and platforms up to 85.000€. This text still have to be approved by french Senators. But this text have been proposed by socialists députés and with conservators support. And in french Sénat conservators have a huge majority. French government also make a commitment to have this law be applied as soon as possible. Will translate you further the oficial text. Airbnb France have been contacted by presse but didn't yet make any comment.
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Post by High Priestess on Jan 22, 2016 12:30:27 GMT
That is pretty drastic and am I reading the penalty correctly, is it that the tenant can be sued for up to 25,000 Euros? That is cruel, cruel and unusual punishment. I'm appalled at these huge fees that some governments in some cities around the world feel is appropriate for such violations of local ordinance, or in this case the landlord's lease. Do you know why the government is intruding in this matter, which really should be entirely between the landlord or property owner and the tenant? Why have any fine at all, why not just permit the property owner to evict a tenant who is violating the lease? Cities in my area are so far refusing to meddle in the landlord's affairs like that.
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Post by Olivier François on Jan 22, 2016 12:46:57 GMT
Deborah, fine is really for the tenant. And here un France you can't evict a tenant just for that. There is a huge process to evict somebod, you can't evict anybody from 31/10 to 31/03 winter time. Even if he don't pay. Personally in 1 of my flat it took me 3 years to evict a tenant who didn't pay so 4 YEARS without any money but having to pay to fix problems.
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Post by Olivier François on Jan 22, 2016 14:18:48 GMT
I have some times waiting for guest check-in so I can explain more what is the situation in France.
1-here all laws are decided in Paris for all french territories. One law for every people everywhere. More than 30% housing is social one subsidized. 44% of tenant have subsidize to pay their rent.
2- we have a law named Loi ALUR which defines the maximum amount per m2 you can rent. Up to this max it's illegal and tenant can sue landlords.
3- about eviction see previous post.
So what's happen? From I hand you have tenant who rent on airbnb to make extra cash without landlord authorisation and without paying any taxes.
From the other hand you have landlord who prefer renting on airbnb rather than dealing with long term problems and without paying taxes too.
So French government state 2 laws. One to oblige airbnb landlord hosts to have something like a license and to pay taxes. The 2nd to forbid tenant to rent on airbnb
Without landlord authorisation.
Liberté-Égalité-Fraternité
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Post by High Priestess on Jan 22, 2016 16:08:57 GMT
I see now -- what a mess is created when property owners cant' evict tenants from their property in a timely way! Horrendous! The fine makes sense in that respect -- it creates a significant threat to the tenant, whereas eviction they can apparently laugh off. It took you 3 years to evict a tenant? No rent income for 4 years? That is worse than anything I've heard of from the nincompoop justice system in the USA! Here it often takes only a couple months to evict a nonpaying tenant, but might take you 6 months or in some cases up to a year to evict them, but you would eventually get them out.
No evictions in winter? Nonsense. If people can make trouble in winter they can get booted in the winter. French government needs to talk to our people in Alaska. If they can evict people in Alaska in the winter you can do it in France. Evict them, but dont' put them out in the snow -- put them in government shelters. If the government wants to house people for free, then the government should be housing them, not forcing private property owners to house them! Build shelters for all those nice renters who get a government subsidy on their rent but still don't pay what they owe -- I'd stack them in shelters in bunkbeds, 4 to a room, just uncomfortable enough that they are motivated to reflect on their deadbeatness.
I understand from a French guest I had, that apartments in France are very inexpensive compared to the USA. He said the average rent for a one bedroom apartment in his area was $250 USD, which is about 230 Euros. I hope the French understand that rents in the SF Bay area are about 9 times higher than that, now around $2000 USD for a one bedroom apartment in the East Bay, and $3500 in San Francisco. Meanwhile, he said that there is a "guaranteed income" for all the French, of $1000 USD per month. Meaning a welfare of sorts. ANd that number is higher than what one could get in the US if on welfare, too -- and welfare is not guaranteed.
44% of tenants get subsidies for rent?? Incredible. Universal rent control? I am sure there are a lot of renters in the USA who would kill for such goodies, they would love it if the USA became socialist and yanked away private property rights like that. I feel sorry for those who own rental property in France, then. No wonder everyone wants to rent on Airbnb instead!! Private property rights have been torn to shreds in France.
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Post by Olivier François on Jan 23, 2016 9:38:01 GMT
Deborah, Some more precision....
No eviction in winter: this law have been voted in 1956 and have been extended by all later governments, the ultimate government who strengthen this law was Sarlozy's one (far away socialist...).
Subsidies: from my experience people with low incomes and subsidies are much more less problematic than others, renting subsidy most of the time goes directly to the owner so you always know you will get main part of the rent. I always got more problems with middle-class people with good incomes... and yes 44% of tenant which means 20% of total french population.
Average rent: in France, it's true you can find some 1 bedroom flat for 230€/240$ but in a hellhole as in any country. In Paris it will be around 900€/980$ for less than 18m²/200ft² with basic amenities (old building, no lift, no thermal insulation, etc).
Garantee income: it's 524€/566$ maximum only if you are: alone, without job and homeless. It's have been voted in 1988 by socialist government and supported by liberals, have been extended by both Chirac (liberal) and Sarkosy (Liberal)...
I understand our private property rights are dificult to understand for US people but at least when you buy it's yours for centuries if you want while for example in London most of properties have a LongLeaseHold caution for 45 or 99 years, it means you buy in entire property the building but you have to rent the ground which remains the property of the aristocracy (The Queen and for a big part The Duke of Westminster)...
Each country have specificities and that is what makes travels and cross cultural communication so meaningful :-)
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