Rental agreement

[Vivian1468]

Is it necessary to have guest sign a rental agreement that explains the house rules?  If so, is there a form that guest need to sign prior to booking, at booking, or once they arrive?  I'm hoping that by signing an agreement guest will be more likely to read through the rules and follow them.  Thanks!

[Mike-And-Jane0]

@Vivian1468 no it isn't and unless the listing is clear then you cannot do this. the only way to make the listing clear is to put the whole agreement in the rules.

[Debra300]

@Vivian1468,

I have guests with long-term stays sign a rental agreement that basically mirrors all of the details in the listing description, including the house rules,  and explicitly states that guests will follow Airbnb policies and  that guests are not tenants, nor will they get tenant's rights.  For short-term stays, we just live through the fact that most guests don't read anything other than the reviews.

[Vivian1468]

Thank you, that's great information.  I guess the most important thing is to have everything in writing in case there's an issue later on, hosts can present them with the rules again and hopefully they'll take the time to read it.  

[Alexandra85]

Well, they may become tenants anyway by operation of law in some jurisdictions based on the length of stay -30 days or so. Once on sits as a guest, they can refuse to sign a private agreement and or a legal lease and demand tenant rights no matter what based on length of stay! this is an issue that must be resolved in hosts' specific jurisdiction. As a group of Airbnb hosts we need to get together to change the tenancy laws in the cases where guests are using Airbnb to gain access to vacation/regular rental properties without the applications, screening, rental agreements, addendums, deposits etc. required of legitimate rental applicants. This is a burgeoning issue throughout the country. It is harmful to hosts, neighbors, businesses, and Airbnb itself! The laws must be changed to address this serious issue - right now, it is a murky situation where Airbnb guest rules intersect with tenancy rights and obligations once a guest meets the 30 day benchmark and begins to use tenancy rights without the obligations required had that guest gained access as a renter applicant and followed jurisdictional laws for a legal tenancy. As a guest who has a qualifying stay length to become a tenant does not seem to have a valid lease.  I know that Portland, Oregon acknowledges a 30 day stay guest as a tenant, but says tenant is to follow the rules in their Airbnb contract up to the end of their stay. If they stay after the stay is over, tenancy laws are the only way to evict and Airbnb is no longer responsible - though, Airbnb does try to help. I will not take any more reservation nights beyond 28 nights with check out on morning of 29 day. Be sure to keep all communication on Airbnb messaging.

[Debra300]

@Alexandra85,

These listings are only for long-term stays, so there isn't the possibility of a guest with a short-term reservation overstaying.  Unless the rental agreement is signed prior to the check-in date, the guest doesn't receive the door code and the booking would be canceled under the extenuating circumstances clause that the intends to break house rules (signing the agreement).  

[Alexandra85]

That helps. Portland and others need to fix the guest/tenant glitch - it is a no man's land right now. I do not use auto locks and will be requiring a rental agreement going forward if I take a long term guest - I have stopped instant book and take only 28 night listings with check out required on 29 day 11 am. I like the extenuating circumstances and  it may be able to be used since in Portland, at least, they require guest to follow Airbnb rules even if the guest has by default become a tenant. It is murky out there. Great advice! Thank you!!

[Heather289]

I host and I also use Airbnb for my own trips. 

As a guest, the main issue is that I need the Host to give me a good review, so that I can continue using Airbnb as a guest. 

The listings already contain rules and you already get to review guests.  I am not sure what "signing" a list of rules would give you extra. 

If you are uncertain of a guest, don't accept them.   

[Vivian1468]

Appreciate your comment.  Back in 2017 when we started using vacation rentals instead of hotels it seemed that we had to sign an agreement prior to staying.  Has that changed or did that only apply to VRBO?  More recently though we haven't physically signed an agreement.

[Joan2709]

Hi @Vivian1468 

Vrbo does allow Hosts to upload a rental agreement; Airbnb does not.

[Debra300]

@Vivian1468,

As a host, you have the option to require a rental agreement:  https://www.airbnb.com/help/article/2824, https://www.airbnb.com/help/article/465

[Vivian1468]

Thank you Debra300 for providing the links on rental agreements.  I feel guest will take there booking seriously and hopefully be responsible and thoughtful guest in the way they treat your property.  Cheers!

[Alexandra85]

came up as a bad link-

[Rebecca]

Hi @Alexandra85 👋

I removed the ".'" from the end of the link and now it works and heads to the right place. 😊

[Joan2709 · Accepted solution]

@Vivian1468 

I should have made my post a bit clearer. @Debra300 is correct in that you can require a guest to sign a separate rental agreement if they book through Airbnb, but Airbnb does not allow you to upload that agreement on the platform like Vrbo does: 

Vrbo Rental Agreement

https://help.vrbo.com/articles/How-to-upload-my-rental-agreement

Upload your rental agreement

Rental agreements are optional documents you can add to your listing to expand on your house rules and set expectations with guests.

Requirements:

• If you use a rental agreement, make sure it doesn't conflict with your house rules.
• If you have more than one listing, you should have a unique rental agreement for each property. 
• Your rental agreement must be in PDF format. 

You can always include the rental agreement language under Addl House Rules, but that does get a bit lengthy. Some Hosts on Airbnb email a rental agreement to the guest.