THE BAILIFF’S ADVICE FOR FOILING SEASONAL RENTAL SCAMS
As the summer season approaches, the Bailiffs National Chamber wishes to give some practical advice to prospective holidaymakers looking for a house or a flat to rent for the holidays. Principal objective : to protect them from the potential risks of internet scams.
It is now very easy to rent a house or an apartment directly from an internet site for the summer vacation. Confronted by the flourishing rising risks of fraud on the internet, the Bailiffs National Chamber recommends adopting the right reflexes to avoid nasty surprises and ruined holidays. Anthology : the landlord disappeared after the payment of a deposit, the email address of the owner had been hacked by fraudsters, the property was already rented and occupied, or even non-existent, the premises did not correspond to the description given in the advertisement etc. It would seem appropriate to follow a few simple but useful pieces of advice.
Flat searching and when making a reservation:
- Be careful about very competitive rents, with reduced or last minute prices,
- Know how to make the right enquiries. The majority of specialist sites or private advertisements do not check the identity of the parties making the advertisement and do not have the advantage of a secured payment platform. It is therefore preferable to take out insurance beforehand from the moment when contact is made with the landlord (telephone number, postal address, email etc.) in order to make contact with him or her directly before any arrangement is made.
- Check (internet forums, consumer protection sites etc.) to see if any scams have already been identified on the internet site offering the flat rental.
- Find the business name and address of the professional party concerned (Company registration number, availability on the internet for estate agencies and other agencies etc.).
- Be vigilant regarding the deposit or advance to be paid (usually 30% of the total amount of the period of residence) and the method of payment demanded. Recommendations : do not pay by postal money order or non-secured bank transfer, and/or avoid making payments abroad, especially if the property to let is in France.
- Demand a written rental agreement. The lessor is obliged by law to provide one to a prospective lessee (Decree n° 25305 of 16 May 1967). The rental agreement must be drafted in two original copies and signed by both parties. It comprises of a description of the premises (surface area, number of rooms, outbuildings, furnishings etc.) the dates of the rental period and the price (amount of charges etc.).
The bailiff, a specialist in leasing and the statement of facts (www.huissier-justice.fr), can become involved in order to check that the seasonal rental agreement is compliant, by identifying any abusive clauses or by analyzing the termination clauses.
On arrival at the holiday location of choice :
- Request a detailed inventory in the presence of the lessor (and read the meters).
- If the property does not correspond to the description of it or has flaws which were not identified beforehand which prevent normal and peaceful usage of the property, the Consumer Code, article L. 121-1 (applicable to professionals and private individuals) prescribes the penalties for commercial fraudulent practices.
- If the owner refuses to reimburse the seasonal tenant or to agree to reduce the price, the seasonal tenant should make clear his or her disagreement by sending the owner a recorded letter and by contacting a bailiff as soon as possible. The bailiff will draft a report as to the state of the premises (which will be the most important evidence to go before a court) and give advice on the legal steps to take.