Lease

[Peter248]

I am new to AirBnB and normally host thru VRBO.  We require a lease to be signed for our home and we dont see any way to upload documents to the site and email addresses and phone numbers are blocked in the conversation thread.  How are we able to send to the guest for signature?

[David126]

Basically that is not how AirBnB operates, VRBO is very different.

I have seen people post who have tried some work arounds but always thought it was simpler just to keep to a booking system that meets your needs.

[Alice-and-Jeff0]

You give up the right to require a unique set of rules and remediation by using Airbnb.  Check the terms of service.  They hold the rights to prosecute and collect all monies - which is typically what your VRBO contract is being used to protect.  Additionally, they own all website content, so there is no way to upload anything they don't want to be responsible - thus no unique contracts, unapproved pictures, links to things they haven't vetted or even the exchange of information before a valid contract (reservation agreed to by guest and host).  

[Bob39]

When they make a reservation through Airbnb they are electronically signing a rental agreement with Airbnb. Your House Rules that you state in your listing become part of that agreement. That is the lease that they are signing. So put any of your particlar requirements that you have in your written lease into your House Rules. Then what you wrote becomes part of the legal agreement between the guest and Airbnb.
You also have a legal agreement with Airbnb, which you electronically signed when you created an account with Airbnb. Part of it is that you agreed to let Airbnb handle the money, including the security deposit, and you agreed to let Airbnb arbitrate any disputes between you and the guest. I don't think Airbnb allows you to have a separate lease apart from the Airbnb agreement, if the guest is booking through Airbnb. I do know that Airbnb does not allow you to collect a deposit on your own, if the guest is booking through Airbnb. Both of these seem to be against Airbnb rules.
Messages that are sent through Airbnb (and you should always use that for all messages, to keep a trail of all communication) will block out the phone numbers, email addresses and web sites, up until the point when the guest pays. After they pay then you can exchange email addresses or phone numbers freely.

[David-and-Shari0]

I saw the guest's phone numbers and AirBNB routing e-mail address as soon as I clicked to Accept the booking.

I was able to use the person's AirBNB routing address and inputted it into my DocuSign web portal. The guest received in his normal e-mail (though I don't know his normal e-mail) the link to go to the lease document and digitally sign it. So must be links aren't blocked when using that e-mail address (I don't know if this e-mail address shows up anywhere on AirBNB... I use a company that lets me schedule automatic e-mails and create many templates and that's where I can see the AirBNB routing e-mail). This is not his actual e-mail address. It ends with @Guest0.airbnb.com

Note: I do bookings of more than 30 days, and so require a formal lease agreement, though a much shorter one than if someone were renting a long-term unfurnished home. Yes, AirBNB may protect me but I want to be safe if there are problems with the tenant not leaving the premises. A legal lease agreement gives me more clout if I need it. Hopefully I never will. AirBNB does not have provisions for some of the items in a formal lease agreement. And it's too many terms to put in the AirBNB House Rules. I do say that if they are staying more than 30 days then they will need to agree to signing a formal lease agreement.

[Hillary2]

I'm new to this, but I added in our "house rules" that we have a contract to email after I have accepted the booking and guest has 24 hours to complete & return via Digisigner.  Once the booking is confirmed you have their phone number so I just called to get email address and was able to take care of it.  

[Peter248]

hillary

thanks!  that is a great way to handle

[Marit-Anne0]

@Peter248 @David-and-Shari0 @Hillary2 @Bob39

Here what airbnb says about contracts - if it is reported that you do not follow, your listing may be taken down.

https://www.airbnb.com/help/article/465/can-hosts-ask-guests-to-sign-a-contract

and their long term cancellation policy

https://www.airbnb.com/home/updated_cancellation_policies#long-term

[David-and-Shari0]

Hi @Marit-Anne0, Thanks for the information and links. It's very difficult to include the entire text of a lease agreement in the House Rules section since most leases have many clauses and even short ones are quite extensive and include much more legal language than House Rules. Yes, I can share the entire text in a message before I accept a booking but that does not allow the guest to sign anything. Other hosting websites allow for sharing a lease agreement via link or e-mail attachment, and I think AirBNB needs to add a way to upload a document and not make it difficult for hosts to have a more detailed lease agreement. In the USA this is required legally if the relationship becomes a tenant/landlord relationship, which it does once the guest stays more than 30 days. That is why we legally need a contract. As to how to get it to the guest beforehand, I think AirBNB may need to consider allowing document uploads like all the other hosting platforms, or  at least the ability to add a link to the listing. That's the only detail that's missing, otherwise I think AirBNB is a terrific site.

[David126]

@David-and-Shari0

Would you not also want a security deposit?

[David-and-Shari0]

@David126I don't collect a security deposit but allow AirBNB to use their system to do that part for me, and I put mine at $900. I do like the way they handle this because it doesn't actually deduct anything unless there's a problem. If I were renting even for just 2 months I would not want to pay a full month's rent and then not get it back for 30 days (which is the normal time frame for receiving a security deposit refund in a normal lease situation). And also this allows me to not need to collect any money outside of AirBNB. So I do like this aspect. It's there if I need it. Also, I have good insurance which covers short-term guests so if something happens I would also get coverage above that $900 amount if needed by submitting a claim. I recently read an article about someone in California who had a longer term guest who she couldn't get rid of and had to pay $5000 in legal fees because she didn't have the person sign a regular lease. And AirBNB was not helping her. Hoping to avoid that scenario. Of course good vetting of guests helps but even then you just never know. If they know they are a good guest who respects others, they shouldn't have any problem signing a lease.

[David126]

If you need to claim on the Security Deposit whatever system you use and the guest agrees to pay and pays then there is no issue.

It is when the guest declines to pay the problem situation arises.

[Marit-Anne0]

@David-and-Shari0

Indeed, that is the dilemma.  airbnb pretends it is a short term rental, even beyond the 30 days. It is neither here nor there. I had someone wanting to rent for 2 months and I do not feel comfortable with doing that through airbnb as a proper, legal contract and a real security deposit is needed. Collecting funds outside of the airbnb platform is again against their T&C. I would also want to talk to the tenants face to face and ask for references.  

[David126]

@Marit-Anne0

Let them book through ABB short term and if they want to stay do your own thing, assuming you want to carry on.

[Marit-Anne0]

@David126

They backed out when I would not agree to the holiday rental way.