The Landlord served me an Eviction notice.

[David4665]

I was ordered to  landlord tenant court, The landlord found out that I was running an Airbnb and subpoenaed  Airbnb to bring all proof of my earning over the course of six years, I am now trying to get in  touch with airbnb to hear how they will handle this matter.  "Commercial Profiteering" is the case, Rent stabilized tenants can not charge roommates more then half the rent but as a host one has additional expenses which might help my case as I did not make more then my rent.

Any ideas?

[Linda108]

You are coming to a host/guest AirBB public forum to find out how to continue to defend against an eviction when you are using your rental to make money against the terms of your rental agreement?  Is that what you are seeking?

[Lisa723]

@David4665 listing a space on Airbnb when you do not own it or have permission to list it is a violation of Airbnb terms of service. I would not look to Airbnb for help.

[Sarah977]

@David4665  What on earth makes tenants think they have some right to list on Airbnb without their landlord's permission? Just because you only made enough $ to cover your rent is immaterial- its still considered running a business- you profited off of someone else's investment, without their knowledge. Whether you used the money to pay your rent, buy new clothes, or attend concerts doesn't matter.  You made your bed, now you get to lie in it. No sympathy here.

[David4665]

"Whether you used the money to pay your rent, buy new clothes, or attend concerts doesn't matter." Sarah 

What if you used the money to try and cure your body of bladder cancer that you got at least in part as you handed out food and drink to 911 firefighter and alike, so close to ground Zero you could taste if for the next five years? I watched my mother die of cancer then my brother, all traditional treatment so I decide to go the road less traveled and it sure does cost out of pocket, working a regular job was not an option, Airbnb also has a responsibility to notify Hosts it was illegal but never a word , no one seemed to think there was anything wrong with it. It took a lot to open my home to total strangers and it was a great enriching experience, I charged moderate fees so no guilt about it.

[Lisa723]

@David4665

Airbnb's terms of service are quite clear that it is the host's responsibility to ensure their listing is legal:

"Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services (as defined below). For example, some cities have laws that restrict their ability to host paying guests for short periods or provide certain Host Services. In many cities, Hosts may have to register, get a permit or obtain a license before providing certain Host Services (such as preparing food, serving alcohol for sale, guiding tours or operating a vehicle). Host are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Services they offer. Certain types of Host Services may be prohibited altogether. Penalties may include fines or other enforcement. We provide some information in our Help Center to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your Listing(s) and Host Service(s) on Airbnb, you should always seek legal guidance."

Sorry you're in a tough spot. Your best bet is probably to get legal guidance now. Airbnb is not going to help you. 

[Helen3]

As @Sarah977  says what you use the money for is irrelevant @David4665 

I would be surprised if there wasn’t a clause in your lease saying that you couldn’t sub let.

That being the case,  you would have knowingly broken the terms of your lease knowing you would be at risk of eviction. 

[David4665]

There seems to be a lot of landlords responding to my post how about some hosts?

[Lisa723]

@David4665 everyone who has responded is a host.

[David4665]

Lisa, are you sure everyone is a host who responded,? do you know that for a fact?

[Lisa723]

@David4665 Yes

[Helen3]

It’s hardly rocket science to know if someone is a host @David4665  you can see if they have a listing on their profile ☺️

[Zappa0]

Get an attorney....Sounds too specific/complicated

[Emilia42]

@David4665 

I am a host. You got caught, now you have to pay the consequences. 

[David4665]

Emily, got caught, the IRS just started charging taxes for the first time on airbnb hosts, did they get caught, getting caught implies one was doing something they knew was illegal, I for one had no idea nor did a lot of people. Use another word, compassion, Sorry this is happening, maybe airbnb's legal team could have notified people of the risk involved then to do so would have been foolish.