Rental Agreement

Deborah28
Level 1
Maumee, OH

Rental Agreement

I am a new host to Airbnb.  I have my first contact interested in renting.  I don't see where I attach my Rental Agreement for them to execute.  I don't see a place to do so.  Deborah

78 Replies 78
Pat137
Level 2
Shelby, NC

Having read through the 13 previous comments, I do not see Deborah's question answered here, nor elsewhere for that matter. I have spent well over an hour searching through Community Center Help, but all I am finding is the "same song, different verse", i.e. this same or similar question has been asked over and over again under a variety of tags and/or in various forms but no solutions are offered.

Hoping that by joining this and many other related conversations, it will keep the question alive and in the forefront, and sometime/somewhere/somehow generate an answer for [us] all!

I just joined Airbnb to rent my vacation home during ski season. It is extremely difficult to inciude all of the condo's HOA rules or specific issues without a PDF rental Agreement. I am surprised that no one from Airbnb chime in and provide a feedback to the issue being discussed. I also do not see anywhere a phone number to call them and ask question??

 

Is adding text to the rule sections the only way to point out the issue with RA?

Edwin57
Level 10
New York, United States

I guess is no longer Host and guest what I see is tenant and landlord with month to month with landlord rental agreement 

Rental agreement

Yes

I want to rent my condo unit in manhattan Cubao

Rebecca181
Level 10
Florence, OR

After lots of research, here is what I decided to do: I posted my Rental Agreement under 'House Rules'. Then, in the 'Booking Policies' section under the 'Guest Requirements' (click 'Edit' and then click into 'Guest Trip Information') there are some canned questions you can ask about the trip. I include a custom question whereby I ask, "Did you read the Rental Agreement under 'House Rules' and do you agree to abide by these policies and terms and ensure that your guests will also?" They have to answer this to Instant Book, and if they won't answer, or don't agree, I am then able to cancel the booking without incurring a penalty, although if I ever had to do this I would first call Airbnb to notify them of the situation as it may be that in some cases they will even cancel it for you as your Instant Booking terms are not being met. I do it this way because then I have a record in Airbnb's system that they (supposedly) read my Rental Agreement and agreed to the terms. My property insurer expects this also - Without this, we don't have a leg to stand on if we encounter a troublesome situation requiring 3rd party assistance / resolution from Airbnb and/or my insurer. I am actually amazed that so few Airbnb hosts do this - Especially those that own the home they are sharing. Seems pretty risky to me.

@Rebecca181

 

I did scan your listing and saw a few rgings that contradict AirBnB rules, like the 28 years age limt. You can of course put any fines etc in your House Rules you want, coillecting is the issue.

David

Hi David, @David126

 

Thank you for looking at my listing. My understanding is that in the state that I live in, and according to federal law, because this is also my personal residence and the guests are sharing my personal residence, I am indeed allowed to have an age requirement, because this is my personal home. My insurer also looked at my rental agreement carefully and found no issues. I do plan to take my rental agreement to a lawyer as well but of course, as most of us know here, there are many gray legal areas when it comes to Airbnb. Airbnb has also seen my rental agreement and have not mentioned that I'm violating any of their terms. With that said, when it comes to actually getting a claim paid by Airbnb, etc, I agree it could be dicey. This is why I have gotten new insurance whereby I am covered as both a residence and the rental portion of my home is covered as well with a commercial policy. This gives me peace of mind at night. By the way, it was Airbnb itself that told me to just list my entire rental agreement under house rules.

Ouch, never checked my previous post for typo's.

 

I take it back, last time I looked you could not discriminate due to age now you can, well unless law does not allow.

 

 

They keep on changing these things so many of the comments on policy are out of date, obviously may also change in the future. So anybody reading this needs to check.

David

@David126 No problem! I just posted in the 'Host' section about my concerns regarding Airbnb's policies around 'emotional support animals', which would appear to differ from ADA / federal law. I would love to hear your thoughts on this, if you get the time.

Only if you are renting a room inside your residence and living there with them.

I posted a link above on one of my replies that provides a proper rental agreement (contract) and the electronic method to accomplish that.  It does require a contract template simi pre filled with things like address, no smoking, pets, deposits. cleaning fees, and pool maintenance etc. then each time you rent all you have to do is  just fill in the tenants name, dates from and to, rent amount plus sales tax even if Airbnb collects it in advance and hit send, if they don't sign it within 24 hrs, then cancel their stay.  

@David126, forgot to add the following, this is from the official Airbnb online help center. This also confirms what they told me on the phone, and it is clear from this that it is up to us to determine if age restrictions are allowed in our state. When it is one's personal residence, federal law does allow us to have age restrictions. Here is the excerpt from the Airbnb website: 

"Is placing restrictions based on a guest's age or familial status prohibited by law?

Because housing laws are complex and are applied differently in many cases, Airbnb can’t provide personalized guidance on what restrictions to age or familial status are permissible for your listing.

The U.S. Fair Housing Act (FHA), for example, protects families with children from discrimination in housing where the listing is offered as a "dwelling." Longer term listings of several weeks may qualify as a dwelling, depending on the particular circumstances.

California's Unruh Civil Rights Act, meanwhile, prohibits "business establishments" from discriminating in the sale of rental housing on the basis of age. Both laws contain exceptions for certain types of accommodations, such as housing developments for senior citizens.

We encourage you to be candid in your listing about what features you believe may be unsafe or unsuitable for guests of a certain age or families with children or infants, and to discuss any concerns with potential guests. You should also learn more about the housing laws applicable in your area, and consult an attorney for advice."

Hi would you be willing to share your link to your listing?  Thanks!