Short-term rentals via online platforms like Airbnb need the consent of all apartment owners if the place to rent is in an apartment building. This was the ruling of a Greek court in Nafplio, a ruling that strikes a blow to the Airbnb market in the country.
The One-Member Court of First Instance in Nafplio has accepted the appeal by tenants who protested the breach of regulations through an apartment in their building that was rented via the Airbnb.
According to the ruling, the court stopped the short-term lease of the apartment via the Airbnb platform.
The court ruling urged the property owner “to not resume professional usage of the apartment as tourist accommodation in future and to limit the use as a residence.”
In case of non-compliance, the owner is threatened with a one-month detention and a fine of 1,000 euros for each violation.
In statement to media, the tenants’ lawyer pointed out that the court ruling was “a well-founded decision that may form the basis for resolving other similar cases.”
The decision refers not only to infringement of the provisions of the apartment building regulation, which prohibited the use of “horizontal” properties as tourist accommodation, but also to nuisances caused to other owners.
Owners of apartments in primarily residential buildings need to give their consent should one apartment change be used as “professional” such as a tourist facility, for example.
The court decision strikes a blow not only to simple home owners who rent their properties via Airbnb but also and especially investors who bought apartment in the last couple of years for short-term leasing only.
It is not clear whether the property owner will take the case to a higher judicial instance and therefore create a judicial example that could be used in a new legislation.
The conservative New Democracy wanted to legislate additional regulations for Airbnb but it has not happened so far.
The short-term rentals market needs to be regulated as the development of the last years has made almost impossible to Greeks to find apartments of 1 room and up to 2-3 rooms in affordable prices.
