Question 9382 — housing

Summary

Mr. Yoann Gillet draws the attention of the Minister to the Minister of Regional Planning and Decentralization, responsible for housing, to the worrying increase in cases of illegal occupation of accommodation reserved via tourist rental platforms such as Airbnb. More and more frequently, individuals reserve accommodation for a few days, apparently within a legal contractual framework, before staying there. maintain indefinitely, refusing to leave the premises at the end of the stay. By changing the lock or opposing any repossession by the owner, these occupants exploit a major legal loophole: having entered with the owner's agreement, they cannot be qualified as squatters within the meaning of the law. Consequently, the provisions of the law of July 27, 2023 aimed at protecting housing against occupation unlawful and in particular the rapid administrative expulsion procedure are not applicable to these situations. These illegal occupants then benefit from legal protections normally reserved for tenants in good faith, as in the context of a traditional lease. The MP notes that the consequences for owners are often dramatic: inability to access their property, lack of intervention by the police, long, costly and uncertain eviction procedure, loss of income and clear infringement of property rights. These abuses demonstrate a legal void that needs to be filled urgently. He therefore asks whether the Government is considering a legislative change allowing these occupants to be reclassified as squatters, as soon as they divert the use of a tourist rental to remain there illegally. Furthermore, he asks her if it intends to strengthen the obligations of rental platforms in terms of prevention and control of abusive use, in particular through reinforced supervision of user identity.

Machine translation from French. The official text remains authoritative.

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