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?

[Helen3]

So to summarise:-

1. You illegally sub-let your accommodation on Airbnb for six years

2. Sadly you have cancer and are using this for an excuse for doing illegal sub-letting and linking your having cancer to serving food to the hero's involved at the tragic events at 9/11 (not nice to either use the tragic events of 9/11 or your cancer as a sympathy card).

3.It now turns out that not only did you break the terms of your lease by sub-letting and making a commercial profit, but you are also not even paying your rent to your landlord

4. You expect Airbnb's legal department to help you tackle a situation you created by your own actions

You are obviously not an unintelligent man but sadly you seem to be blaming everyone else but yourself for the situation you find yourself in.

As others have said you need to get proper legal advice on whether you can fight any eviction proceedings but I would imagine the breaking of your lease by running an airbnb business from your home combined with your refusal to pay rent for quite some time puts you in a rather weak position.

And yes in answer to your question I do have a life limiting illness @David4665 but don't use it as an excuse for not ensuring I check that I run by Airbnb business in compliance with local legislation or the terms of my mortgage or management company.

[Jay474]

Its a wrap, hopefully you budget this in you, cost of doing business, time to mvoe operations and setup shop somewhere else. So dont be mad, appreciate you had the chance to make money.

[David4665]

Interesting the responses from some people but might as well  have been from  Robots. Airbnb was the best thing in going, the talk of the town but not a word was mentioned about the fact that it was illegal for rent stabilized tenants, some made lots of money, double even triple their rent, I broke even but then there was lots of expenses so I made less then my rent and lived with a life threatening illness but some of you still say "TOO BAD, You deserve to now move into a shelter... Thanks 

[Kaylee18]

@David4665 

Hey David, 

Sounds like a really sh*tty situation to be in. Based on what you said :  "Rent stabilized tenants can not charge roommates more then half the rent" then it sounds like the landlord can try to come after any other profits you made that was more than half the rent. 

I would definitely get some legal advice from a professional and hopefully they can help protect what you've earned in the last 6 years. 

Hope it works out for you! Airbnb is such a great platform and way to earn extra income.

All the best!

[David4665]

Thank you Kaylee, the landlord only came after me because I am on a rent strike due to the constant disturbances from a drug dealer in the building, for years I have been pleading with the landlord to do something about him but they refuse and people move out, the %22 increase with each new lease is what prevented the landlord from taking a position against the drug dealer, very sad, greed, but now the tables have turned and they say I am the problem, I am concerned but hope to prevail making my rent (expenses) does not seem like "profiteering, just surviving should not spell"  Eviction " thanks 

[Sarah977]

@David4665  I am a homeowner and an Airbnb host for a private room in the home where I live , I am not a landlord. If I were, I would be livid if a tenant was listing my home on Airbnb without my permission. And you must have known on some level it wasn't okay, because in your original post you said the landlord "found out". "My parents found out I didn't really stay overnight at your place last night, so they grounded me for a week."

Life isn't easy street for most people these days- many of us have health issues, family issues, major  expenses, and other things which we need to make money to finance. People work 2 or 3 jobs to make ends meet these days. That doesn't give anyone the right to do something clearly illegal. Is it okay if I go out and start selling crystal meth to help finance an operation my grandchild needs? Is it okay if someone steals some food from the local supermarket because they need the little bit of money they have for something else? 

I really don't wish a horror show on anyone- I understand this is pretty devastating for you. But defending your right to do what what you were doing claiming you didn't know it was wrong, or because you have health issues or because you were a first responder, or whatever, instead of admitting that you were in the wrong, just doesn't cut it. You're obviously literate and can read the AirBNB TOS and the terms of your rental lease, which likely states no subletting.

Thinking that the people who have been answering you aren't hosts leads me to believe that you somehow think that Airbnb listings are all run by tenants, doing what you were doing. Someone who has never been a homeowner has no concept of the risks a home owner runs in having tenants Airbnb without their knowledge or permission.

[David4665]

People are sometimes self righteous , Having health problems doesn't cut it, do you have cancer? how about a life threatening illness? renting out a room in your apartment is not putting anyone at risk, the landlord owns 20 building in Manhattan, homes in other states, it means nothing to him, there were never any complaints about my guests.

It was not clear what the law was, you are wrong about that, I spoke with lots of people when Airbnb starting showing up in the news but no one seemed to know about the "Profiteering" aspect, it's not that I ignored the fact but rather that I did not know honestly.

I stoped renting on Airbnb back in January 9, 2019 it is only now the landlord decided to press the issue for reasons that are  complicated to explain but certainly the punishment of Eviction without remedy to correct is extreme after 20 years.

Landlords get away with a lot worse then renting out a room for $70.00 a night, there are books filled with crimes committed by landlords. I am glad you own your own place but don't make the mistake of grouping yourself with the Landlord Class, NYC landlords are notorious cheats, liars and thieves, they do it with lawyers and others. 

We have had all kinds of trouble from a drug dealer and company nothing is ever done about it, people who have had their apartment broken into, young women intimidated to the point of moving out, loud music, garbage, fighting and more, still no camera, no security no change , they call and complain and nothing is ever done so they move out and the landlord collects another %22 increase over the last lease, why would they ever fix a problem that earns them money, where do you live City? or where?

[Ann72]

@David4665  There's a lot to unpack here.  We can all feel sympathy for someone else's suffering, but you're trying to get information that would help your case, so throwing in an argumentum ad misericordiam isn't helpful.

There are good and bad New York City landlords.  But the fact is that New York City law is largely on the side of the tenant, and it's extremely difficult to get someone out.  If you've scrupulously followed every regulation, your case would be very strong.  But you haven't.  Whether you knew about "profiteering" or not, you never took the simple step of seeking your landlord's permission to Airbnb.

As you seek to defend your right to stay, I hope you've reported the 22% rent increase to the city, because that could be an illegal increase in a rent-stabilized building.  

Finally, one wonders why anyone would offer an Airbnb room in a building with drug dealing activity and other major problems.  Why would you put your guests in such a situation?

[Susan17]

@Ann72 

There are "strong" tenant laws in Dublin City too. And plenty of loopholes that unscrupulous landlords can - and do - exploit. 

And this is what profiteering looks like.. 

[Ann72]

@Susan17  I understand your point.  But there are many remedies offered by the city to those who find themselves in the situation the OP found himself in.  All the time he's spent fighting with his landlord could have been put to better use.

I've actually just been looking at Sonder's listings in NYC, as one of the buildings is right across the street from my apartment and another is right across the street from my office.  In those two cases, a company called Metro Lofts converted office buildings to residential buildings and set aside a certain number of units for short term rentals.  This was done in compliance with NYC law.  Both buildings are also in a zone that doesn't require new residential housing to set aside units for lower income tenants.

Sonder's incursion into New York is extremely unfortunate in light of the city's severe housing crisis.  But they are merely opportunistic parasites.  Institutions like NYU have gobbled up more affordable housing than Sonder ever could.  (And did you know that Lincoln Center, one of the jewels of New York, was one of the largest instances of eminent domain in US history, displacing over 7,000 lower-income families?)  Although our current mayor has made the crisis a high priority, there are still twice as many extremely or very low income people seeking housing as there are available units.  Rents have risen at a higher rate than salaries.  Each time a neighborhood gets gentrified, people of modest means are pushed farther and farther out, into sub-par housing conditions, or out of the city altogether.  

In my opinion, New York is going to reach a tipping point when, as one of the most desirable places to live in the world, it will no longer be able to keep up with services because everyone who lives here is rich.

[Ann72]

@Susan17  Correction - I misremembered the Lincoln Center example.  It was actually the creation of the Manhattan grid beginning in 1811 that was one of the largest examples of eminent domain in US history.  Fun fact:  the author of "A Visit From St. Nicholas," Clement Clark Moore, had an estate called Chelsea that was going to be used for the creation of 9th Avenue.  Although he at first fought the city's attempts to take over his land, he eventually developed it himself and got rich doing so.

[Sarah977]

@David4665  No, not a city- in the quiet countryside in Mexico. I do understand that there are slum landlords out there who don't take care of their buildings or their tenants and if you've been a no-hassle tenant for 20 years and your guests haven't caused any problems then I can see where being evicted is quite a harsh penalty, rather than simply saying that you can't Airbnb anymore.

Unfortunately, ignorance of the law is no excuse where the law is concerned. But perhaps you'll get a sympathetic judge who will keep this from being a nightmare for you. 

I was a landlord at one point- I rented out my whole house in Canada, a nice 4 bedroom, for several years until I sold it. One tenant contravened the terms of her lease, got a roommate without my knowledge, the roommate's dog (I didn't allow dogs) dug holes all over my flower gardens, scratched up the doors and floors,  he set up a grow room and drilled holes through my floor and ceiling for the lights and messed around with my electrical panel. Could have burned the whole place down. So I have had experience with tenants on which I base my comments about it not being okay for a tenant to just do what they want.

[Branka-and-Silvia0]

@David4665 

I am the landlord, the host, sometimes the Airbnb guest and I used to be a tenant too.

So, as a human, I/we can feel sorry for you but it will not help you at the court or make your living situation better.

The fact is :

- you run Airbnb in someone else's property without his consent and approval

- you didn't pay taxes for your Airbnb income

- You didn't pay rent and you ended up on the court

- you don't have money for a good atorney

- you are not satisfied with your neighbors and the building

Wouldn't it be best to move out and find a better place to live? If you can't afford it, could you apply for social/city housing with the help of social services? 

[Helen427]

hello @David4665 

We have had a few situations in regards to Renting a property as Tenants in NZ to which have always had good 'readers feedback & discussions online'.

Does it specifically state in your Residential Tenancy Agreement that you can't host ABB guests/ room mate?
Would they be able to retrospectively claim back monies?

This decision below from here in New Zealand may be of interest to you @David4665 from a legal aspect as tenants, like landlords have rights across the board wherever they live.

Were you ever served a 7-10 day notice to remedy any alleged breaches of your Tenancy Agreement?
If not perhaps that's a route you may be able to go down to challenge the matter.

https://www.tenancy.govt.nz/about-tenancy-services/news/tribunal-decision-highlights-subletting/

Note in this particular case, it was expressly included in the Tenancy Agreement there was to be no advertising, or subletting - the person in the case wasn't physically living there, whereas you have been where you have hosted guests.

https://forms.justice.govt.nz/search/Documents/TTV2/135906932.pdf

Have a look through your local Law Library databases and see if there's any other case law.

There's also the question of, will your Landlord be paying the Tax off any perceived profits?

Those are Taxation Dept matters, not a Tenancy-Landlord Court matter.

Make sure you  deduct all reasonable expenses incurred.

You may be able to 'earn' xyz prior to Taxation or if on welfare assistance so check if you fit into there criteria & regulations to and make sure you are not in contravention of them.

Perhaps you can challenge the decision if the person living with you was a tenant or an occupant, that will vary of course how long your 'guests' stayed with you.

Under Tenancy Laws you are within your lawful rights to have a 'guest/ visitor' stay in one's home.

There's many angles and avenues you could explore.

All the best

[Susan17]

@David4665 

Your landlord sounds like a complete and utter scumbag - doesn't want to accept responsibility for the anti-social and criminal behaviour of tenants in his buildings, but quite happy to find any excuse to throw long-term renters out on the street, so he can whack up the rent for the next tenants.

We have plenty of that type here in Dublin also, that have been providing substandard accommodation for years, at insanely inflated rents, and many are now evicting their tenants too (except here, most of them are just slapping a few cans of paint on the walls and tarting their 50 or 60 places up a bit, then renting them out on Airbnb instead)

My own cleaning lady (and friend) lives in a block of 6 flats, and her landlord has evicted 4 of the families that have been living there for years, and is now punting out all the flats on the Airbnb platform. My friend is now cleaning those - for a pittance. She absolutely doesn't want to clean for him, but she's afraid to say no, in case she and her family get turfed out too. 

I know the situation for renters is incredibly difficult - if not impossible - in NY, as it is in Dublin, and in many other horribly expensive cities worldwide, and tbh, unless people actually see and experience firsthand the devastating effects of the global housing crisis on the lives and wellbeing of local residents for themselves - as those of us who live in the worst affected cities do on a daily basis - they can never really grasp the true reality of how shocking and inhumane it actually is. Greedy, unscrupulous landlords have been bleeding renters dry since time immemorial - aided and abetted by corrupt city councils and local governments - and sadly, in recent years, by Airbnb too. And it's getting worse by the day. 

I do hope you find a way through your current difficulties, David. I can't begin to imagine how traumatic all this must be for you, while also trying to deal with your health issues. My heart goes out to you, but please god, things will get better for you soon. Take care of yourself, and do whatever you need to do to keep going. Stay strong, keep your head up, and very best wishes to you for brighter days ahead.