6 rules to follow when renting out your main residence

Picture of Amélia Messa
Amélia Messa

Founder of MyGuest Conciergerie

Renting out your main residence is an ideal way to make the most of your property, earn extra income and enjoy the benefits of short-term letting.

But it means complying with a whole set of legal, tax and administrative rules.

Between registration, tax, rental periods, landlord obligations and choosing a tax regime, it can be hard to find your way.

At MyGuest Conciergerie, we support many owners by helping them secure the Airbnb letting of their main residence, optimise their rental income and simplify their activity as a host.

Here are the 6 rules you absolutely need to know before renting out your main residence.

1

Declare your property to the town hall and obtain a registration number

Before letting the property, the landlord must make a declaration to the town hall.

In some municipalities, particularly on the French Riviera, the law requires a registration number before you can publish a listing on holiday rental platforms.

What the law says

This obligation stems from the ALUR law, reinforced by several texts regulating furnished lettings and furnished tourist accommodation.

It allows the town to monitor furnished letting, whether professional (LMP) or non-professional (LMNP).

Why does it matter?

Without this formality, the owner may be liable for heavy fines.

MyGuest Conciergerie helps you handle these formalities and bring your rental property into compliance.

2

Respect the 120-day legal limit

Your main residence cannot be let for more than 120 days a year.

This is essential to stay compliant with housing law.

Why does this limit exist?

Because a main residence must be occupied for at least 8 months a year by the owner or a member of their tax household.

Beyond that, your main residence rental could be reclassified as tourist accommodation, which would require a change of use or even a compensation procedure in some areas.

Through our concierge service, we manage the rental calendar to avoid exceeding the cap and to make sure your letting activity complies with the regulations.

3

Collect and pay the tourist tax

If you let your main residence directly, it is up to you, as the landlord, to collect and pay the tourist tax.

Platforms collect it automatically… but in the event of a dispute or non-payment to your municipality, you remain solely legally responsible.

MyGuest Conciergerie helps its owners better understand the amounts due and the obligations that come with non-professional furnished letting.

4

Limit each tenant to a 90-day stay

The same tenant cannot stay in the property for more than 90 consecutive days.

Why is there a time limit on holiday lets?

Beyond that, it could be treated as a long-term let, bringing in a tenancy agreement, a security deposit and notice rules, and even the risk of no longer being able to easily get your home back.

This limit protects the landlord and avoids any confusion between unfurnished lets, furnished lets and traditional residential tenancies.

MyGuest Conciergerie makes sure stay lengths are respected to keep your activity secure.

5

Get your property classified as furnished tourist accommodation to optimise your tax

Classification as furnished tourist accommodation is not compulsory, but it offers significant tax advantages.

LMNP, LMP, real, micro… How do you choose?

Each status (LMNP – LMP) and each tax regime (micro-BIC, real regime, micro-foncier, foncier) depends on your annual takings, the rent you collect, your situation as an owner and your tax strategy.

The main schemes

  1. Micro-BIC: automatic allowance, simple, ideal for getting started
  2. Real tax regime: lets you depreciate the property, deduct expenses and optimise your tax
  3. LMNP / LMP depending on your annual takings
  4. SCI (property company) and other structures, depending on your property investment plans

A chartered accountant can advise you, and MyGuest Conciergerie can point you in the right direction if needed.

6

Declare your rental income to the tax authorities

All income from an Airbnb rental is taxable.
It must be declared either as industrial and commercial profits (BIC) or as property income.

Be careful: failing to declare, or declaring incorrectly, can lead to a tax reassessment, retroactive payment of social security contributions or the loss of tax benefits.

How can you rent out your main residence legally and with complete peace of mind?

Renting out your main residence is worthwhile, but it requires a thorough grasp of the rules: registration, tax, length of stay, lease, landlord obligations, co-ownership rules, LMNP status, micro-BIC regime, tourist tax, etc.

To avoid mistakes, risks and lost profitability, working with a local expert is the best decision.

At MyGuest Conciergerie, we help you with:

Would you like to rent out your main residence in Menton, Beausoleil, Cap-d’Ail or Roquebrune-Cap-Martin?

Contact our team for a personal, expert review of your project.

We help you let your property, optimise your rent and secure your status as a landlord, turning your main residence into a simple, profitable and 100% compliant rental activity.

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