Host is subletting without landlord's permission - will I, the guest, get kicked out?

Host is subletting without landlord's permission - will I, the guest, get kicked out?

Hello

 

I'm currently a guest in someone's AirBnB apartment. Since living in the property, it has become aparent that the Host is not the owner of the property - he has sublet the property without the permission of his landlord and the landlord knows that I'm his 'Guest' in the property.

 

My question is this - can the landlord kick me out and essentially bypass the Host? Also, if the Host kicks me out of the property prior to the end date, can I get a refund? 

Thanks

120 Replies 120

You keep suggesting that the landlord engage in a self-help lockout or other action that is illegal.   The landlord cannot sabotage a lockbox.  The landlord cannot confront the guests and tell them they're unwanted (tortuous interference at best).  All these acts are inappropriate.
The landlord can try to convince them to leave,  threaten eviction short of harassment,   or actually file for eviction.  That is all.  They may not interfere with any otherwise legal use of the property.

@Kenneth12, thanks for acting as a backstop.

 

I'm trying to not suggest he do anything against tenant regulations.

I am assuming the lockbox belongs to the owner.

I told the owner to provide the tenant with a key. Is that illegal?

 

I am assuming that putting up a sign letting AirBnB guests know that Short Term rentals is against the law is not illegal. I figure the city government would not prosecute the owner for letting guests know what the local law is.

I'm not telling him to confront the guests, but I believe it is entirely appropriate to put up a sign. If the guests want to enter the property under those conditions, they are free to.

 

I also don't think the owner should threaten anyone.

He should just begin the normal, legal process of eviction. No threats are needed.

 

I'm sure with both of us helping, the owner can find a sensible and legal path to follow.

 

Thanks for your advice and suggestions!

 

Exactly where did you take law classes?  Boalt here,  and I'm guessing you don't know what you're talking about.

This is a civil conflict until the landlord chooses to make it something else.

The landlord cannot simply lock out individuals allowed entry by a valid tenant.  That's as illegal as locking out a tenant.

Airbnb is not illegal.  The sign can act to do nothing but tortuously,  fraudulently or otherwise interfere with the otherwise presumptively legal activity of the tenant.  It is also transparently harassing.

The landlord's sole recourse is to convince the tenant to cease the activity or vacate in a non-harassing manner,  or initiate eviction procedings.  Changing locks to cause an inconvenience or interfere with tenant activities,  etc.,  is transparently what it is.

And just to complete the pro formas:  I am not your lawyer,  the above is not legal advice,   no attorney-client privilege has been formed,  and if you are in this situation,  you should contact a competent landlord-tenant lawyer in your jurisdiction for advice.

Hi Kenneth,

 

Are there any websites that I can visit to get a landlord tenant lawyer. It might be too expensive for me to get one who has a walk-in office in Las Vegas. The City of Las Vegas told me to get legal counsel. My property manager told me I cannot kick the tenant out because under state law, only law enforcement can do that with proper filing. After I explained to the City that the tenant has violated the lease agreement, they gave me 30 days to handle the situation. Eviction will take another 6 weeks according to state law, but luckily the lease ends in about 4 weeks and we already told tenant we will not renew the lease. Once the tenant leaves I would like to hire a landlord tenant lawyer to draft up a new lease agreement to give me the authority to remove the tenant immediately or keep all security deposit if they are caught doing short term rental. 

Hi Matthew,

 

I did think about changing the lock to an electronic lock box, or just hand over the key (the ones that connot be copied) to the tenant. But the issue is let's say a group of Airbnb guests arrive, they can still text the tenant who will then arrive at the house to open the door for them to enter. It's not possible for me to monito 24/7 when Airbnb guests will arrive. 

You should likely inform the Section 8 provider as soon as possible,  so they can determine if there is a violation and take action;  special regulations typically apply to Section 8 on top of other obligations.
It is up to the provider,   not you,  to determine if a violation is occurring... but you might want to help them along ...

Helen3
Level 10
Bristol, United Kingdom

I think it is appalling that Airbnb isn't helping you when it is clear your tenant is illegally subletting your property and you are facing fines as a result. Try posting on their FB about and `Twitter account.

 

I don't know how tenancy laws work in the US but surely if you have a clause saying she can't sub let and proof that she has, you can take action to evict her.

 

I would also contact your benefits people and let them know that she is sub letting the property illegally and generating XXXX a night while claiming benefits.

Is there something about the world illegal that normal people have come to fail to understand?

The tenant is not doing anything illegal.  Hosting Airbnb guests is not illegal.  The landlord and tenant have a purely civil law dispute over the terms of the conflict and their obligations.  If the landlord feels the tenant is violating that contract,  they must prove that by going to a judge and convincing the court that their position is legally correct.  For all we know, the tenant also claims to be acting legally and properly within the contract and their rights-- and may be.

In such a civil party dispute-- let me say it again, though you seem stubbornly committed to not understanding such a basic point-- Airbnb,  as a third party,  has no place.  They cannot moderate or decide a civil dispute between these parties.  They cannot judge that a tenant is in violation of lease or other agreements,  and take action.   They would be wrong to do so,  and would incurr liability to suit if they did.

None of us can judge if the situation is as described.  None of us can know,  if a Section 8 tenant in Las Vegas,  can or cannot use their leasehold for Airbnb,  when,  how long,  how much.  That decision is for the authorities and courts.

The landlord may be in a difficult position given over-reaching and possibily unconstitutional STRP laws in Las Vegas,  but that is not necessarily the tenant's issue or problem.  While I sympathize,  landlords have obligations,  including dealing with local bureaucracies even when those bureaucracies take action that is misbegotten or idiotic.

Sarah977
Level 10
Sayulita, Mexico

@Kenneth12  If the tenant is collecting govt. money for rent subsidy on a place she supposedly lives, but is actually not living there but instead using it as an airbnb business, that would seem to be highly illegal. She is using govt. funds fraudulently.

Steve2795
Level 2
Wollongong, Australia

My tenant is renting out a self contained section of my house without any permission, they have been given a 14 day termination notice from the real estate agents, but continue to let the property on Airbnb.  Airbnb absolve themselves of all responsibility and continue to profit from an illegal contract, of which they are aware.  Btw the tenant has not been paying rent and is about 10k in arrears, this is the property link - 

https://abnb.me/cRgZoviRBcb, the address is in Scarborough NSW Australia the super host is Mark Allen

Paula205
Level 1
Washington, DC

That is more common than not. No, the ladlord cannot kick you out. He/she has to pin a pink document on the door called notice to vacate which requests the tenanant (in this case your host) to stop these actions or otherwise to leave the apartment. The tenant is given 30 days to vacate if he/she chooses to do so. Most hosts of apartments on airbnb are actually tenants and do not have any authorization from the management. I know many friends who are in that situation, but they explain this to their guests and ask them if they are OK passing as friends before accepting a booking. I personally don't think is something terrible, but agree that can be uncomfortable and the best and most honest option in this case is to talk to your potential guests about this.

I just found out that my tenant has been renting to people on airbnb, knowingly in violation of his lease, and HOA requirements.  I'm liable to the HOA and legally for anything that happens there.  It's not cool to abuse someone's property and trust this way.  The guest should be aware that these regulations differ from place to place, and in our case, the tenant has rentals thru October, but since they only care about themselves, are losing their lease within 30 days from now.  And we will be there every day ensuring that no one is staying there who shouldn't be.  Sucks for the people who rented from a liar.

As a potential guest/renter, I was wondering about this issue prior to seeing your post. I think a lot of people rent out rooms on Airbnb in their apartments, which is a clear violation of most lease agreements. As a landlord, I am sure this is very frustrating. Tenants typically go through background, credit, and income checks before they are approved to rent their apartment. However when the tenant then decides to Airbnb their place, the landlord has absolutely no control over who is living in the building or has keys and other access. In addition, this puts other tenants in the building in jeopardy as well. 

You'll be there every day insuring that .. you realize that's illegal in the US, right?  You can file a legal complaint or a HOA action,  you can't harass people.

Kenneth12
Level 10
Chicago, IL

Have you seen the tenancy agreement?  Do you know for a fact,  that whatever you're doing,  constitutues "subletting" in the UK?  In many jurisdictions,  short-term transient guests (under 30 days) do not constitute a sublet.

I've been in 5-10 such situations over the years,  for a variety of reasons,  including seeing the equivalent of a pay rent or quit notice in several languages.   Sometimes they were unreasonable landlords,  sometimes they were tenants on the edge-- in fact,  I'm thinking of one guy who was packing up the morning I left,   no hot water.   

"Leave a scathing review" seems harsh unless there was an actual problem caused by the host's lack of diligence or breach.  Airbnbing a flat for a week when you're out of town,  doesn't seem to me,  to constitute that.

I would also suspect it takes some time to remove someone,  in the UK.