Short-term rental (Airbnb)
A short-term rental usually means letting a flat temporarily, often to tourists through a booking platform. Legally, however, it may count as accommodation, which follows different rules from a residential lease. What matters is how the flat is actually used, not just what the contract is called or how many nights are booked.
Also known as: Airbnb, short-term accommodation, tourist accommodation
When it is housing and when it is accommodation
A lease of a flat to meet the tenant’s housing needs comes with special tenant protection. The Civil Code does not extend this protection to recreational stays or other clearly short-term purposes. The number of nights is therefore not the only guide, and a simple rule like “anything under three months is Airbnb” doesn’t work. The distinction is based on § 2235.
It also matters who is offering the flat. A tenant who rented a flat to live in cannot simply turn it into tourist accommodation. The Supreme Court has confirmed that, depending on its intensity, such use can amount to a serious breach of the tenant’s obligations and grounds for termination. Even general consent to subletting does not change the agreed purpose. Judgment 26 Cdo 2128/2023, especially paragraphs 20 to 23.
What an owners’ association (SVJ) can ban and what to check separately
An owners’ association (SVJ) cannot impose a blanket restriction on an owner’s right to use their flat simply by amending its articles. That doesn’t mean any kind of accommodation business is allowed, though. You still have to respect your neighbours’ rights and the rules for the building’s common areas. The limits of the SVJ’s powers are explained in decision 26 Cdo 854/2022.
To give you an idea: a neighbour complains about repeated noise at night. That is a different situation from a ban on accommodation written into the association’s articles. In the first case you are dealing with a specific disturbance and evidence; in the second, with the scope of the SVJ’s powers. Before launching the business, also check the public-law and operational requirements separately. This entry does not confirm that your flat can be used in this way.
Before offering your flat to other people, be clear about whether you are acting as the owner, a tenant or a member of a housing cooperative. Prepare a contract and a description of how you plan to use the flat. It is this information, not the label used on the platform, that determines how the arrangement will be assessed.
Sources checked on 13/09/2026. A general explanation does not replace a review of your specific contract or individual legal or tax advice.
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