30 day plus stays

[Krista369]

First I would like to introduce myself.  My name is Krista and am located in Phoenix, AZ USA.  I  recently obtained a small one-bedroom condo.  The HOA community only allows 30 days or more rentals.  I have my second booking through Airbnb and the guests are staying 35 days.  In Arizona, there are tenancy laws past 28 days.  It has been suggested to me to have the guests sign a separate lease outside of Airbnb to protect the tenancy laws.  Has anyone done this before?  Lastly, the guests are already booked through Airbnb, therefore would it be inappropriate to ask them to sign a separate lease since I did not mention it at booking time?  Im nervous about the guests because they do not have any reviews and never rented with Airbnb before.  Any advice is welcomed.  Thank you in advance.

Krista S.

[Marie8425]

@Krista369 

I am not an attorney so just my experience in Buckeye AZ renting usually contract employees so longer than 28 days.  I had a problem with a non Airbnb Guest  He was having a mental breakdown so I had to involve police.  They did help the mann for that situation but gave me some helpful advice.  They said because the Airbnb agreement has a hotel like agreement of set days and Airbnb reports hotel like income to the IRS.  Do not accept any post office mailbox mail.  Amazon or food door deliveries are okay but not use of the resident mailbox.  Also They suggested and I installed electric locks rather than keys, my app gives a code that I designate their reservation days so day 36 it just doesn't work but do not warn the guest.  day 36 the guest calls police guest has no access no agreement except Airbnb short term agreement and no resident mail.  The police wouldn't have a reason to force me to provide access  and the guest might try and take me to court but I have never had a problem  and I have hosted 6 months sometimes.

[Krista369]

Thank you so much for sharing that information.  I do have electric locks so that is good.  Do you ever have your long-term stays sign a seperate lease?

[Marie8425]

@Krista369 

I do not the Buckeye Police also said they are not attorneys, but if I had a signed lease that the Guest could call the police show a lease and the police follow lease laws not hotel laws.  In Arizona laws for a tenant on a lease are set up to prevent tenant abuse so sticky for the landlord..

[Kia272]

@Krista369  Many hosts who do long-term stays do ask guests to sign a separate lease. I don't do long-term, but I have read about it in this forum. Tenancy laws are tricky, and vary from state to state.

If I were in your shoes, I'd first research the tenancy laws in your local jurisdiction very carefully, and then take steps to understand how this might affect your hosting gig. I'd venture to say that the majority of your guests will just be looking for a place to stay, with no intention of attempting to establish tenancy and basically squat in your condo. However, it is a concern. You're in a tough spot because of your condo association's rule.

You might also check with your insurance carrier (you HAVE to have a policy specifically for STR, or you won't be covered if anything happens with a guest), to see if your policy would cover any legal costs associated with having to evict squatters. 

You can also vet your guests really carefully, with general questions about why they are coming to the area, and why the extended stay. You can make it a little more pleasant than what I've just written. In the long run, a quick consult with an attorney might help, and they might also help you with a lease template that will protect you. You might want to turn off Instant Book and have guests request to book. That gives you a better opportunity to screen guests. 

Last, be sure to include the fact that you will be having guests sign a separate lease agreement in your property description, so it's not a surprise. 

Good luck!

[Krista369]

Hello, thank you for the information.  I did end up sending the current reservation a lease agreement.  I'm now waiting for them to sign it.  I have a renter in there now who is not through Airbnb but Furnish Finders and I set up the lease and all payments directly myself.  Just wasn't sure about Airbnb.  

Much appreciate the help.

[Helen3]

You have to make it clear up front in your listing and house rules if it's a condition of booking that they sign a separate lease @Krista369 

[Frances3408]

@Krista369. Hi Krista. Every host is different but for me anything over 28 days I will often handle myself. This means a separate agreement, vetting, payment handling, damage bond, setting out the terms covering linen, cleaning as well as a clear understanding that tenancy rights do not apply (you may need some legal help there). In my state rentals from 90 days are offered with very specific protected tenancy rights and the agreements are quite lengthy. So for me the 28-90 days is just as important to get right as maybe one day it will be similar to your state.

I also insist on meeting onsite and I have electronic locks so access is controlled.

[Krista369]

Thank you for the reply.  I have a current renter who I got through Furnish Finders.  I handled everything myself but this one is through Airbnb.  I had another through Airbnb for a month but I met him and his wife and there was not a problem.

When you mean handle yourself are you talking about outside of Airbnb altogether?

Thank you so much.

[Frances3408]

@Krista369. Hi Krista. Yes, I mean direct. I have been a landlord for many years and was a licensed real estate agent so regularly handle tenants direct for myself and others. I use Airbnb for the short term referrals only as less paperwork and risk.