Apartment Complex won’t allow Airbnb

Alisha96
Level 2
Austin, TX

Apartment Complex won’t allow Airbnb

I looked at my lease and saw nothing that prohibited me from using my apartment for Airbnb. I booked 3 guests filling 3 months already. Apartment complex later told me that it’s against policy to list them on Airbnb. How do I get around this outside of changing pictures and address?

27 Replies 27
Adeola5
Level 2
England, United Kingdom

Can someone please help...Just got an apartment in England and i am having issues with the property managers claiming i violated my lease by using my apartment for air bnb. Please see below the clause they pulled out against me. Has anyone experinced this and if yes, how did they get round it. Thanks i  advanceScreenshot 2022-03-29 at 17.12.49.png

@Adeola5  You can't list a place on Airbnb if you are a tenant, against the terms of your lease. If you are not allowed to sublet, you have violated the terms of your lease. There's no "get around it". It's illegal and you can be evicted. You have no right to sublet a place you don't own without permission from the landlord.

Adeola5
Level 2
England, United Kingdom

I am not a tenant it's an apartment i got on buy to let mortagage from the bank. I hope it makes sense. Thanks

@Adeola5  Okay, thanks for the clarification. But if the apartment complex doesn't allow short term rentals, then you are still in the same boat- you can't do it. Did you read the apartment complex rules before you decided to Airbnb? Does your rent to own contract say anything about it?

 

Plenty of people aren't allowed to short term rent places they own because it violates the rules of their HOA.

Mike-And-Jane0
Top Contributor
England, United Kingdom

@Adeola5 Without seeing the covenants contained in the Regulations or the Tenant Covenants it. is hard to comment. 

However you might be in trouble with respect to 9.5.2 as you would have to get Airbnb to put the covenants in the agreement with the guest which they won't be able to do.

Thanks for your response. I may consider selling and get something more suitable if there is no way round it.

Adeola5
Level 2
England, United Kingdom

i didn't take note of it on the lease...but they pointed the attached to me in my leaseScreenshot 2022-03-29 at 17.53.54.png

Gordon0
Level 10
London, United Kingdom

Quite common in leases these days, @Adeola5, especially the more modern blocks. You could try fighting it, but I suspect you've lost the battle before you've begun - they'll simply refer you to the lease you agreed to on purchase. 

Adeola5
Level 2
England, United Kingdom

It's a brand new flat....i tried pushing by saying i will be adding short let contract to tackle 9.5.1 but the insisted an AST shouldn't be less that 6 months....just a bit sad as the purpose on the investment has been defeated

Gordon0
Level 10
London, United Kingdom

No smugness here, I promise you, but it's no surprise. You need to be very thorough when conveyancing for STRs, @Adeola5. Perhaps try an LTR to cut your losses. 

Adeola5
Level 2
England, United Kingdom

sorry,  what is LTR please, @Gordon0 

Helen3
Top Contributor
Bristol, United Kingdom

Hello @Adeola5 

 

If your purpose in buying the property was to do STR it's a little surprising you didn't  the lease before you bought the property to make sure you could actually do STR. This should have been a key part of your due diligence.

 

It is increasingly common in many flats to have restrictions on using the property for STR/for business use.

 

Also you shouldn't use a buy to let mortgage for STR.


As already advised try long term rentals instead.

 

 

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