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Obligations in case of subletting of residential mobile home

Rentals, such as the lease of location, are governed primarily by the provisions of the civil Code. The conclusion of a seasonal lease involves communicating a number of prior information to the consumer and the drafting of a rental contract which must be written.



Prior information to the consumer for a vacation rental


As a landlord it is necessary to deliver to buyer any a descriptive State of the mobile home. This descriptive report presents itself in the form of a questionnaire must be completed.
 It States, inter alia, the number of parts, the different elements household and existing comfort, the location of the property in the locality, etc. Its content is established by the Decree of 22 October 2008 on prior information for consumers about the characteristics of rental accommodation in camping and caravanning.
 The information that must be communicated to the lessee at the title of the annex to the Decree of 22 October 2008 on prior information for consumers about the characteristics of the rental accommodation in camping and caravanning information below:

Annex to the Decree of October 22, 2008


Description State type and conditions of rental
 Administrative information
 Name and address of the Campsite
 Phone number.
 Fax No.:
 E-mail and Web site address
 Opening dates
 Arrival and departure times
 Category (number of stars)
 Classification (leisure or tourism and number of slots for each classification)
 Number and date of the prefectoral Decree of classification:
 SIRET number
 2. General information
 Geographical situation of the campsite: attach an extract from map to locate the campsite in its environment.
 Altitude (for institutions located in the mountains)
 Remote access to the nearest ski slopes (for institutions located in mountain welcoming
 skiers):
 Distance from the sea, distance from the nearest beach
 (for institutions in dashboard or close to the sea):
 Distance from the lake or the nearest river:
 Distance from the city or the nearest village
 Distance from nearest train station
 Distance from the bus station the nearest.
 Distance from nearest food store
 Environment
 Specify the remarkable local characteristics:
 Report the potential disadvantages of neighbourhood:
 Practical information - local transport coordinated transport premises, bus services...:
 Common equipment located on the campsite
 Washing machine
 Ironing room
 Telephone booth
 Swimming pool
 Playground for children
 Other equipment (if applicable)
 3 Overview of the rented accommodation
 Type of accommodation: illustrate by a homogeneous scale 1: 200 minimum accommodation plan (to be specified) showing the development depending on the type of accommodation.
 Type of accommodation (light House of hobbies, leisure mobile home, furnished canvas bungalow):
 Old of the accomodations (0 to 7 years, 7-12 years, over 12 years)
 Area of the accommodation (except terrace):
 Maximum number of persons capacity
 Specify whether accommodation is accessible to persons with disabilities:
 Internal overview
 Rooms: beds retail (specify whether or not the beds are bunk or mobiles, their width, the presence of blankets or duvets, pillows or Bolsters, if linen is provided).
 1st room.
 2nd bedroom
 3rd bedroom
 Additional bedroom:
 Cuisine: detail of the equipment (type of stove, oven microwave, dishwasher, Cookware, dishes, etc.):
 
 Sanitary: shower, washbasin, toilet (specify sils are separated):
 Additional equipment (if applicable):
 Air conditioning
 Heating
 Television (specify if there is a DVD player)
 Connection TV:
 Internet (specify if access to wireless internet is possible):
 Phone
 Other (garden furniture, individual barbecue, deckchairs, etc.):
 Other children (bed, Chair...)
 4 prices and terms of rental
 The rental prices proposed for the period specifying the services included in the price:
 Amount of tax (per person and per day, to the)
 date, for information)
 Amount of the deposit or advance payments with rule conditions-
 ment:
 Booking fees
 Possibility of cancellation insurance and cost
     
 
 Mandatory (to mention mandatory) civil liability insurance
 Various restrictions (if applicable): animals, inter-
 diction of smoking, etc:
 5-prix rental services and other benefits
 Water, electricity and gas if they are not included in the rental price
 Ancillary services not included in the rental price (cleaning, bed linen and towels, accessories for children, etc.):
 Extra charge for vehicle (car, trailer boat...):
 Decree No. 67-128 February 14, 1967 punishes any person who, during a vacation rental or a supply of rentals of furnished premises, for housing will be provided clearly inaccurate information on the situation of the building, consistency and the State of play, the elements of comfort or furniture. The offender will have to pay a fine of 3,750 euros. In the event of recidivism, the fine may be increased to EUR 7 500.
 Furthermore, when vacation rentals is concluded remotely, the Code of consumption (articles L.121 - 16 and L.121¬18) provides that the consumer must receive written a contract offer with a number of information and in particular

•the name and address of the service provider;
•the asking price;
•the terms of payment;
•the existence of a right of withdrawal (if the lease is concluded with a professional landlord);
•the duration and validity of the offer;
•a descriptive State of play.


Special Offers

Chalet on campsite at Castellane Mobile-home
Starting from 301 €/Week

Mobile-home at Castellane Chalet
Starting from 350 €/Week

Camping pitches at Castellane Gorges du Verdon Pitches Gorges du Verdon
Starting from 18 €/Night


Seasonal lease


All rentals contract must be in written form and contain the indication of the asking price and a description of the places (article L.324 - 2 of the Code of tourism). It must be established in two copies for each party.
 The contract, which the reader will find a model in the annex, shall include the following information:

•the identities of the lessor and the lessee;
•the address of the premises rented;
•the duration of the lease and the hours of departure and arrival;
•the price which is fixed freely by the hirer;
•any expenses in addition to the rent;
•the amount of the deposit or the deposit;
•the amount of the deposit guarantee or surety to pay and the way;
•the amount of the tax.

Seasonal lease must be accompanied by a descriptive State and it is advisable also to convey to the tenant a copy of the rules of procedure of the campsite.

 The price of the stay


Seasonal rental rates are fixed freely.
 As everywhere, the prices of rentals on the last weeks of July and the first weeks of August are the most expensive. For a mobile home for 6 people, you can hire about 500 euro week campaign and up to 800 / 1,000 euros, or even more, in the resorts. In low season (may, June, September), prices are divided by two, although in some areas where demand remains strong in before and after season, the difference is less clear-cut.
 If the amount paid in advance is called ' deposit' (article 1590 of the civil Code), the future tenant will lose them if he withdraws and the owner will have to pay double if he renounces for rent.
 If the contract provides for the payment of a 'deposit', the commitment of rent is final and that cancels the stay shall indemnify the other party for the caused damage.
 Single cancellation by a case of force majeure (which jurisprudence has defined as an unpredictable and insurmountable outdoor event) could provide the tenant indemnify the landlord. It should be noted that neither disease nor death falls within the definition of force majeure adopted by the jurisprudence.



 Tourist tax


In some tourist or thermal municipalities, may be asked to tenants a tourist tax. This tax, lump sum or not, is due per person and per day and varies depending on the level of comfort and classification of the campsite. Fixed tourist tax, is per person, per night of stay, between EUR 0,2 to 1,5 euro (out-départementale additional fee).



The security deposit


The lessor is entitled to request a security deposit or a deposit. The amount of the deposit is fixed freely by the lessor.
 The deposit shall be returned to the tenant upon the release of places if no damage is found.
 In order to avoid disputes on amounts to be deducted from the deposit in the event of breakage, it is advisable to prepare an inventory that includes the list of objects with an assessment of the price of their replacement. A model of such an inventory is annexed.

The State of play

It is preferable to establish a State of the venues as well as an inventory of the furniture and the objects available to the tenant upon entry into the mobile home. These two documents shall be signed by the parties, dated and be drawn up in duplicate. A new State of play and a new inventory will be established at the end of stay.
 In the absence of a State of the art establishment, the common law rules apply and article 1731 civil code creates a rebuttable presumption that the tenant received the property and its accessories in good condition.

The taxation of rental income

Rentals furnished, exercised on a regular basis, is considered fiscally as a commercial activity.
 In accordance with article 34 of the general Code of taxes, revenue from the rental of a mobile home are taxed at the income tax in the category of industrial and commercial profits (BIC) and non-tax revenues. Indeed, mobile home is not fixed to the ground, it is not considered as a building.
 The individual owner of the mobile home may declare his income BIC under a regime of micro-BIC insofar as it does not exceed 32 600 euros. It will benefit from a reduction of 50% on the declared income. However, this particular may also opt for the simplified real reporting regime and file a declaration 2031 (results BIC - income tax declaration).
 

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