Marseille landlord handed record €100,000 fine over illegal Airbnb rental
The judge rejected the owner's claim that the apartment was his principal residence
The property was rented out through booking platforms for around €400 a night
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A judge at the Marseille Judicial Court has served the maximum civil fine of €100,000 on a landlord who illegally rented out a flat he owns as short-term tourist accommodation.
The owner had acquired four properties in Marseille between 2022 and 2024, including a 150m² apartment with adjoining maid's room in the city's sixth arrondissement, according to French media actu.
The mairie of Marseille said that this apartment had been rented out through booking platforms such as Airbnb and Booking.com for around €400 a night, earning more than an estimated €200,000 over three years.
It said the property was rented for an average of 173 nights a year, well above the 90-night limit that applies to principal residences.
For his part, the owner denied the accusations and claimed the apartment was his principal residence. However, the judge turned down his argument finding that the apartment was used as a commercial tourist rental.
As well as imposing the maximum civil fine, the judge ordered that the decision be forwarded to the tax authorities for review over possible tax irregularities.
The apartment reportedly could accommodate 14 people and was regularly rented to party groups, causing significant disturbance to neighbours.
Despite imposing the financial penalty, the court did not order the apartment to be returned to residential use because the owner had already switched to renting it to students under bail mobilité leases which allow short term renting to restricted groups.
Why is the case so important to the French town
Under French rules, owners in some cities must obtain permission from the local authorities before converting a home into accommodation for short-term tourist rentals.
In Marseille, principal residences may be rented as furnished tourist accommodation for up to 90 nights a year without change-of-use authorisation. Those who exceed that limit, or rent second homes without the required permission, may be subject to civil penalties.
According to the mairie of Marseille there were approximately 13,000 furnished tourist rentals recorded in Marseille in 2024, with around 6,000 suspected of breaching local regulations.
Like several French cities, including Bordeaux, Paris, and Lyon, Marseille has stepped up enforcement against illegal short-term rentals as local authorities seek to preserve housing for residents. The rapid growth of tourist accommodation contributes to the reduced supply of long-term rental homes, driving up rents.
