Unauthorized rental

Answered!
Byron10
Level 1
Montreal, Canada

Unauthorized rental

I have a tenant renting an apartment of my property without my aproval or permission, how can i report it or stop it..

Byron

1 Best Answer

If you are the owner/manager of the property, the first thing to do is look at the lease this person has signed. Does it say "no subletting"? Then you can simply tell them they are in violation of their lease and they must cease and desist. (Do keep in mind that they may have some reservations already in place which they need to honor before shutting down completely.) If the lease doesn't say that you may have a harder time stopping it.

 

You might also consider whether they are doing any harm before telling them to stop. As a host myself, I don't appreciate when hosts rent multiple apartments for the purpose of re-renting on Airbnb - I don't think that's in the spirit of Airbnb, or a considerate thing to do in a city where people are having trouble finding places to rent to actually live in. But if I am in residence and my guests are not disturbing the surrounding residents, how is it any different than if I had out-of-town friends come to stay with me? The difference is that these guests might be what helps me to pay the rent.

 

Regardless, it will help if you approach it as a conversation rather than a confrontation. When we were renters our landlord found out we were Airbnb hosts and started handing out eviction notices (we hadn't realized that it could be construed as "subletting" and up until that point thought we were ok with our lease), which obviously made it very strained for the rest of the time we lived there.

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18 Replies 18
Huma0
Level 10
London, United Kingdom

 

This is a a really old post, but I agree. This is not okay. 

 

@Byron10  makes a good point that the rent is not the only expense to be considered. It is usually the landlord who is responsible for maintaining the property and insuring it and often several other things. I used to have an apartment that I rented out for a while. There, there were very heavy service charges, which including things like the buildings insurance, hot water and central heating, maintenance of the lift, communal gardens and much much more. With the usual expenses, like the mortgage repayments, which usually include a lot of interest, there was very little profit margin from the rent. 

 

And what about the deposit or downpayment that the owner has put down?

 

Then there's the wear and tear. How many people are in and out? How are they treating the place? I know that usually there is much more wear and tear from short term guests unfamiliar with a space than there is with responsible long term tenants. Why should the landlord pay for that? What about nuisance to the neighbours?

 

What if something goes seriously wrong and Airbnb doesn't cover it? Do you think that the landlord's insurance would when the place has not been used for the purpose stated? I doubt it. Then you are really up the creek without a paddle.

 

I have no sympathy for a tenant who sublets to make a big profit from my investment and liabilities and does it in such an underhand and dishonest way.

 

That's why it's so important to state clearly in the least that sub-letting is not allowed (standard practice in the UK to include this). I would evict anyone who did this. 

 

Also, seeing as the tenant is not living in the apartment and all and the owner has not given permission for those guests to be there, would they technically be counted as trespassers?

 

Terry64
Level 2
Page, AZ

When I started Airbnb 3 years ago in Page Arizona there were only 3 of us. Now there are 40 plus Most are Illegal and the City is trying to get them to comply with the rules. Tents, Apartments. Motorhomes, ect Everyone thinks you just sign up and get rich renting rooms out? Airbnb has some of these people listed as "Super Hosts?" Numerous calls to Airbnb are futile as no one returns calls. I cannot compete and soon will need to close. What is the Solution

I totally agree with you about trying to run a business by the rules and seeing others succeeding by being sketchy at best.  How has your listing been affected?  Loss of bookings?  In my city, the city has taken steps by contracting with a company that uses data mining to identify illegal listings.  I really don't think Air BNB can be effective for this issue.  If you have specific information about any listing that is illegal, you could use the flag on the profile.  As you are aware the popularity of Air BNB over the last couple of years is a double edged sword - more potential guests and more competition. 😛

Abigail100
Level 1
New Jersey, United States

This is an old post but I feel obliged to share my experience. Recently I learned my roommate not only posted my apartment without permission from me or my landlord, but she posted pictures of my bedroom on the site. So essentially I have people traveling from out of town who think they are staying in my bedroom but I’m going to still be there. I’m honestly concerned for my safety when they arrive and I have to tell them that they can’t stay in my bedroom or let alone my house and they are going to be stranded. They are paying $500/night and bought masters tickets which cost a minimum of $9,125 a ticket. I’m a young girl in my twenty’s and I assume these people are going to be extremely irate so I’m scared of what they might do when I try to tell them. I’ve been on the phone all day with Airbnb and they will not do anything to stop this from happening. They told me I need to work it out with my roommate however she refuses to take the post down now. She thought I would be out of town and now she doesn’t want to lose the money to cancel.