Many users of sites specializing in short or long term rental between individuals such as Airbnb are unaware of this, yet it is necessary to establish an Airbnb lease agreement. This is a legislative obligation that must be respected, hence the need to take all measures by establishing an Airbnb contract in good and due form.
On your side, you have done the necessary to create your Airbnb account . But there are other imperatives to respect, under penalty of being in default vis-à-vis the legislation.
What does the law say about an Airbnb rental agreement?
You know that the Airbnb platform has many favorable opinions and therefore you want to try the experience. However, it is important to take into account article 324-2 directly from the Tourism Code. This clearly states that it is necessary to draw up a seasonal short or long term rental contract. This is a contractual document between the two parties and it must be duly written and signed.
Various information will also be specified such as the effective date of the lease and the end date. Don't forget to include the vacation rental industry price as well as a description of the premises.
Although an Airbnb rental can only include one night, this falls directly within the scope of seasonal rental. A short term rental business which cannot exceed a period of 90 days and therefore it is imperative to respect French law.
What penalties are provided for in the event of a breach?
You certainly want to manage your Airbnb property without any stress. Therefore, you comply with the law remains obligatory in order to have all the necessary legal certainty.
Remember that the signature of the Airbnb contract must be done before the payment of the deposit and this must obviously not include abusive clauses. For example, it is forbidden to stipulate that the lessor will not reimburse the lessee in the event of withdrawal.
What do the Airbnb Terms & Conditions say?
As part of the Airbnb.fr platform, it has the general conditions. It specifies that when a traveler chooses to use its platform to book accommodation, you automatically accept the contract with the host.
Therefore, users of the platform are encouraged to comply with these various conditions defined in the general conditions. However, few users take the time to read them when they are necessary.
In addition, the drafting of the lease is then not included in the user journey. This is explained by the breakdown of the digitalization of booking process, but be aware that it is possible to sign a contract electronically.
Moreover, for more peace of mind on the subject, you can entrust the management of a property on Airbnb to the UpperKey concierge. This way, you don't have to think about or procrastinate on the many administrative and tax procedures. The concierge takes care of everything while making every effort to ensure that you can obtain the best possible profitability.
Airbnb rental contract example
From the moment you rent a furnished accommodation for a period that does not exceed 90 days, it is imperative that owner and guest sign a rental contract. This is the case when using the Airbnb.fr platform and this must be done in writing. Although it is possible to make a model electronically, the particulars that must appear on the legally binding document are scrupulously the same.
First of all, it will be necessary to use your favorite word processor by indicating the name of the owner and that of the tenant and the tenancy rights. Do not hesitate to include a detailed description of your property, possibly indicating any property damage. If this is the case, you can make a legal action.
The date of the start and end of short term rentals must also be entered, as well as the possible presence of a tourist tax and the rental price.
If ever a security deposit is requested as well as a down payment, this various information must also be specified.
If you are looking for a short term rental agreement model, a simple search on the Internet will allow you to obtain one, but sometimes for a fee.
Who is affected by an Airbnb rental contract?
As explained in the previous paragraphs, both parties are involved in this contract. That is to say the guest and the host, playing different but complementary roles.
On the guest side, the short term rental agreement defines the general responsibilities during the stay. This is a particularly important element in order to take into consideration the specific instructions as well as the use of the property.
For the Airbnb hosts, he is then defined as responsible for the stay. It is therefore necessary to include many payment details and not such as the maximum number of people authorized, if there are rules of co-ownership to be respected, a specific use of the devices, etc.
Why is it necessary to set up an Airbnb rental agreement?
Although it can be seen as an additional constraint, the establishment of an Airbnb rental agreement remains essential. However, many owners decide to skip it, to avoid having to deal with certain administrative burdens.
However, the initial effort remains minimal and the interest remains palpable. First of all to protect your property through the house rules. It is a way for the owner to warn his temporary tenants on how to treat the property.
It is not a question of establishing a list of constraints and an airbnb listing description, but rather a guide on the good rules to respect. In this way, the property owner can request a claim for compensation in the event of a dispute.
How should the tenant react when the host asks for the signing of a contract
The Airbnb.fr platform obviously accepts that a contract be signed between the two parties. For the owner, this is an excellent way to ensure that the rules are respected, but also an additional protection of his property.
But in no way should the contract be legally enforce d, as this requirement should be specified prior to booking and booking details. If the tenant does not feel comfortable signing the contract, he will have the possibility of finding another accommodation if unfortunately the discussion with the host does not succeed.
In addition, you should know that the signing of the contract is not mandatory once the reservation has been made if the owner has not informed the tenant.
What is the benefit of an Airbnb rental agreement for maintenance?
Again, the Airbnb rental agreement helps to cover the expectations of both parties. Not only does the temporary tenant know exactly in what condition to find the accommodation, but also in what condition he must leave it before leaving.
As a landlord, you should not expect surreal expectations, because you have to keep in mind that the tenants are on vacation.
They won't want to spend time cleaning your entire apartment or house from top to bottom. However, they can perfectly comply with certain rules such as putting the towels in a specific place or directly paying a cleaning fees..
Also remember to leave your phone number and provide emergency numbers. In this way, if the temporary tenants encounter the slightest problem, concerning a question or a maintenance problem, they can contact you directly to clarify the situation.
As you can see, an Airbnb rental agreement is absolutely essential to avoid any confusion. If administrative procedures are a problem for you, then immediately enlist the services of a concierge like UpperKey.
