Illegal use of my house by a tenant

[Steve820]

I own a house which I rent to a tenant. The lease he signed specifically prohibits him from subletting via Airbnb. I just found out that he has been doing this for months. I've asked him to take the listing down but he is refusing. Can I contact someone at Airbnb to have the listing removed?

[Emiel1]

@Steve820 

You can report the listing (and the host) via the "flagged" textlink on it to Airbnb.

But as it is not your business (it's a business between your tenant and Airbnb) better warn the tenant officially he is violating the terms in the lease, which could lead to end of renting contract.

Best regards,

Emiel

[Huma0]

@Steve820 

Airbnb don't prohibit this kind of activity, but they do say that the host is supposed to get permission from their landlord. See: https://www.airbnb.co.uk/help/article/806/how-should-i-talk-to-my-landlord-about-hosting-on-airbnb

So, first things first, the lease states that he cannot host on Airbnb so he is in breach of that contract. Do what @Emiel1 suggests, i.e. report it to Airbnb and tell your tenant that his contract can be terminated if he does not stop this immediately.

I don't know where you are located or what the local laws are. There are two things to consider, do you want to evict your tenant if he won't comply and what is the legal process for that where you live? What are the local laws regarding Airbnb in your area and is he perhaps in breach of those? I have been a landlord for years and find that the better versed you are in the law, the easier it is to handle these situations. Even if you don't want to resort to legal action, sometimes telling the tenant exactly what the law is (if it is indeed on your side) can be enough to give them a wake up call.

Personally I wouldn't want this type of tenant and would give them notice now, which I am sure you must be entitled to do if they are in breach of their lease, and would hound Airbnb to have the listing removed. Point out to them calmly and politely that this is illegal, that you will have to evict the tenant if necessary and therefore it would be better for them to cancel all reservations rather than risk the guests having nowhere to stay.

Some may think that's too hardball, but I don't think so. It's not just that your tenant has done this without permission (some people are clueless, don't read their contracts, or simply don't see why this should be a problem), it's the fact that he has been caught and is still refusing to take the listing down. Now, he may well be doing that because he knows Airbnb can fine him for every booking he has to cancel and he'll end up with a mess on his review page if he has a lot of them, but that's not your problem. 

I would not put up with it. I choose to host in my own home because it is my own home and I have control over who does and doesn't stay in my property. This is entirely different.

[Sarah977]

@Huma0  Doesn't seem in the least bit hardball to me. The tenant is in violation of his lease, and when called on it, didn't apologize and take the listing down, but refused to remove the listing. That's certainly not the type of person I'd want living in my house.

[Huma0]

@Steve820 

I just spotted this in Airbnb's Terms of Service:

7.2.3 Any Listing you post and the booking of, or a Guest's stay at, an Accommodation shall (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations).

While it doesn't specificy rental/tenancy agreement, I think that it's pretty obvious that would count as an agreement your tenant has already entered into with a third party, i.e. you his landlord, so clearly he is in breach of Airbnb's Terms of Service. That should be reason enough for them to at least suspend the listing while they look into it and delete it after you have provided a copy of that agreement.

[Helen3 · Accepted solution]

Hopefully you have taken screenshots of the listing as evidence.

Also take screen shots of the calendar to help provide evidence of bookings.

Call Airbnb (have screen shot of clause in tenancy agreement prohibiting sub letting). And of response from your tenant refusing to take down listing.

Ask them to take down the listing. If they refuse remind them that you have evidence that this is against the terms of your tenancy agreement.

Start eviction proceedings against your tenant

In some countries/areas you can sue the tenant for profits s/he made  by illegally sub letting your place.

[Steve820]

Thanks for all your comments and suggestions! I have opened a case with Airbnb, they are assinging someone to it. The tenant has been notified that he is in violation of his lease, and that he has to stop, but he's still trying to wiggle out of any responsibility (claiming we had a verbal agreement which is bogus). He only has three months left on the lease, I'll see where things are in a day or two.

[Indi249]

Hi @Steve820 wondering how it went in the end? And how would you advise to report it to Airbnb? I have the same problem and unsure the best way to go about it. Due to Covid-19 I am desperately needing to sell my property ASAP and unable to do so as my tenant refuse to move. When we inspect the property he is obviously using it for Airbnb (no personal belongings or even clothes in the cupboard) so he is breeching his lease agreement with us. I think he might have a listing dated in thr future which is why he is refusing to move.