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

By pure coincidence - one of us was working from home when the landlord came over for an improptu visit. He was a little surprised to see that it wasn't the tenant! 

 

 

Yea, but I could make is quite unpleasant for an AirBNB-er by coming into the unit where you have left your property while touring as often as is my right per the lease agreement! 

Yea, but I could make is quite unpleasant for an AirBNB-er by coming into the unit where you have left your property while touring as often as is my right per the lease agreement! 

I'm in the same situation as a landlord that hasn't given my tenant permission to use airbnb and have told him multiple times to remove the listing. I contacted airbnb and the person I spoke with was sympathetic but pretty much said there's nothing I can do without legal counsel. This policy on airbnb needs to be addressed as it is favoring the "host" and not the owner of the house. 

Hmm.  Well.  Interesting.  

Do you actual have a legal right to prevent your tenant from using Airbnb?

I respectfully suggest,  that's a question for your legal counsel,  and likely not Airbnb-- dependent on jurisdiction and other factors which you have not taken the time or effort to outline in your post.

So why do you expect us to help you,  in response?

Helen3
Level 10
Bristol, United Kingdom

Hello @Kenneth12

 

I have to say I don't agree with your comments at all and find them rather rude to @Kate.

 

@Kate I am sorry that your tenant is doing this and I am happy to help you.

 

Airbnb do have a responsibility here. If you provide them with proof you tenant is doing this contrary to your lease they will remove the listing and ban the host. I'm not sure why they didn't tell you this when you called them.

 

I would imagine this is also grounds for eviction...so evict your tenant.

The easist option is to speak to your tennant and tell them to desist or you will evict, obviously there are other platforms so just not using ABB does not solve the issue.

David

Helen (suggestion tool is broken again):

Kate has not provided an indication of jurisdiction or applicable law.

In most jurisdictions,  privacy of contract would apply,   and ABB will do no such thing.

Owners have a variety of legal responsibilities when they enter into a lease or similar.  Depending on local law,  those responsibilities may mean that temporary guests (and looking into who is sleeping in what bedroom) are just none of their darn business. 

Kate has not,  as far as I can tell,  provided a substantiated claim that tenant is in violation of a lease or other applicable terms.  In particular,  I would note that transient guests are not subtenants per law in large areas of the United States.

If Kate's lease specifically and legally forbids the activity,  s/he may attempt to remove or evict on that grounds.  

This is not really a matter for an ABB forum,  however.

Hmmm, well. Came to this board in a similar situation as Kate after I contacted my attorney before I start eviction thinking there might be a better solution. Yes, the lease charges extra for 'transient guests' without written permission and does not allow subletting or operating a business out of the rental.  City ordinance does not allow STR without permit and fees. ABB has collected fees and failed to take steps to confirm the hosts legal standing to host. Kenneth comments seem to offer a bias for operating STRs by tenants leaving others, the 'guests' and landlords with additional risks. Why is that not an appropriate question for the board? Kate, your damages are the fees charged. Your chances of collecting are low.  Recommend finding a friendly way to get tenant to leave, getting a much tighter lease.  And, of course, who stays in your property is your business. Thanks Kenneth for helping us sort this.

@Stella67:  This is a forum operated by Airbnb,   at Airbnb's cost.  It is not a forum to benefit third parties who are neither hosts nor guests,   at cost to Airbnb.  Use of it for purposes other than what Airbnb defines as acceptable use,  may be a violation of terms,  and certainly may be restricted by Airbnb at its discretion.

You claim a lease that allows you to charge extra for transient guests (as defined in your jurisdiction).   I cannot recall a jurisdiction in the US,  where a restriction on overnight transient guests in a non-shared tenancy arrangment would be legal.  Your tenants cannot have a boyfriend or girlfriend stay the night,  or a relative stop by,  for instance?  

 

You also claim that your jurisdiction requires permitting of some sort.  Without examining the specifics,  so what?  Such permitting may not even be legal.   Certainly it is unclear,  whether Airbnb hosting on a temporary,  occasional basis such as weekends away or business trips,  is "operating a business,"   and it is not Airbnb's position to keep up with the complexities of local regulations on such an issue. 

In general,  it is not Airbnb's position to enforce private contracts without court order,  nor act as a branch of a government entity enforcing local regulations.   It is entirely in Airbnb's interest,  I'd think,  for tenants to be able to host transient guests,  and not to have Airbnb's resources,  including its forums,  used in a manner that is contrary to that interest.


It really doesn't matter what you or I claim.  And you're certainly a good advocate for encouraging others to be deceitful, I assume because you disagree with the property, contract rights I claim.  BTW, I use a state promulgated lease. You choose to ignore that hosts and guests have also agreed to TCs and seem to be in violation of those.  Are you by chance an employee? I would contend that your comments are not in AirBnbs best interest.  But hey, you're level 10 and I got on the board to find out if Airbnb, and it's hosts and 'guests' had a better way to deal with this. AirBnb has my jurisdictions ordinances posted.  That they choose to not monitor is their position, great. Enforcing is not the same as complying or ignoring. And thanks for responding. I think you are giving an accurate portrayal of the situation. Net result for me is that I'll take further steps to exclude STRs from my LTRs and claim a large fee if they do. How do you rationalize the part where I'm liable for guests that Airbnb has signed up to stay at my property without application approval or knowledge.

offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the Airbnb Platform;  Airbnb TCs

James551
Level 1
New York, NY

This just happened to me in Vancouver B.C. Evicted at 9pm in the evening from a 2bed/2bath unit we had rented in Yaletown. 

 

The first indication something was wrong was the electronic key FOBs stop working and we could not access the building.

A lot of buidlings in Vancouver use these electronic devices as a security measure.

They are used to open the front door and are required to operate the elevator.

 

The actual host disaapeared but his co-host ( a person who was hired to assist and clean the unit) was helpful

and concerned when we were locked out. Eventually, the actual owner of the unit showed up and said he had recently 

rented the apartment to this person who was illegally renting it out on Airbnb.

 

I called the Airbnb help number. I recieved an apology and was told to find a hotel. 

This whole debacle obviously ruined the eveing and caused a lot of unneceesary stress.

 

I have rented on Airbnb for years and never had a problem before this one.

 

I think Airbnb must do a better job ensuring the host is allowed to rent the unit and is not in violation of

the rules and regulations of Condo assoction, HOA etc, to minimize the chance of this happening in the future.

 

Airbnb is promising to refund the payment and pay for the hotel. I hope so becuase the only hotels that were available were very expensive.

 

 

 

 

 

Hi,

I need advice please,

My mother owns an apartment(leasehold) in a block of twelve,she rents out a spare room through air bnb,approx 50days a year, she resides in the apartment as her main home,and has become a superhost.She has been doing this for Thirteen months and really enjoys the social side and meeting the guests.

A leaseholder within the building has becomes aware and wants her to stop.

The lease agreement states that the Lessee must not assign,sublet,part with possesion of,or charge part only of the apartment.

Does this mean she will have to stop?Is there a loophole we can expose?

Any advice or direction where to take this would be greatly appreciated Thanks

Regards Dan

 

 

Sorry forgot to say we're in the UK