Vacation Rentals: This Force Majeure Situation Allows for a Longer Rental Period

A homeowner recently won his case in the Paris Court after renting out his primary residence for more than 120 days a year on Airbnb, citing force majeure.

This decision is unprecedented because, although the law provides for three exceptions to this rule (professional obligation, health reasons, or force majeure), force majeure had never been recognized before, as it covers situations so exceptional that they are rare.
 

The landlord in question had rented out his Paris apartment for 660 days over three consecutive years, thereby risking a fine of 30,000 euros. However, the Paris Court ruled that this constituted a case of force majeure, as the landlord had been confined to Taiwan during the COVID-19 crisis and had been prevented from returning to France due to measures taken by France and China.
 

The owner also prevailed on the grounds of business travel, as the court ruled that his business trips to Asia were substantiated by his passport. The City of Paris, which had filed a lawsuit against the owner, lost the case and will have to pay the owner 2,500 euros in attorney's fees.
 

This court ruling reinforces the idea that the Paris City Hall should conduct more rigorous checks before taking legal action against landlords who exceed the 120-day rental limit. However, landlords must also be vigilant and ensure that their situation falls under one of the three exceptions provided for by law, as they do not automatically prevail in such cases. Several landlords have been caught out in the past and have had to pay hefty fines for exceeding the 120-day rental limit without a valid reason.