Airbnb breaking terms of lease?

Ian67
Level 2
St. Louis, MO

Airbnb breaking terms of lease?

Clause 10 of my lease states:

"Assignment and Subletting-

Tennant will not assign this lease or sublet any part of the premises or grant any concession or license to use the premises without the prior written consent of landlord which may include administrative fees. Tenant shall not permit any guest to stay in the premises for more than 2 weeks in any one year period. Tenant will never permit more than 2 guests at one time or 1 guest if tenant rents a studio apartment. "

 

Today I got a call from my landlord saying that I was violating the terms of the lease. I was not going to argue becuase I had not read up on the lease and I am not a lawyer; however I only got the idea of monetizing my apartment after seeing "personal trainers" who are residents of building monetizing the gym for non-residents (read as guests).

 

Is there anyone who understands the language in this lease? And if so, could you tell me if I am breaking the terms of the lease if I choose to host for Airbnb?

7 Replies 7
Zandra0
Level 10
London, United Kingdom

Subletting is when you rent out your whole apartment (according to English law anyway). Have you done that ? I would start by working out what subletting is in law according to your area.

The other part of your contract suggests you can have guests but they can only stay for a maximum period of time. Again have you broken this clause ??

I have always been present in my apartment while renting as I have only rented my couch; on the other hand are you a lawyer the understands rental agreements in the state of Missouri?

Zandra0
Level 10
London, United Kingdom

Odd question given I told you what I know according to English Law and said you need to determine what subletting is in you area...

The latter part of your query can be understood by anyone with command of the English language.

Doubt you're going to find a lawyer from Missouri on here if I'm honest.

Good luck and I hope you find a resolution to your problem.

wanting free legal advice lol!  😉

 

I thought you were very clear, Zandra. 



~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Contact AirBNB
Helen3
Level 10
Bristol, United Kingdom

Ian

 

 

If you weren't sure about whether you could host, you could have contacted a lawyer who specialises in leases for advice/and or speak to your landlord.

 

You can either agree with your landlord, apologise and promise not to do it again or get professional legal opinion.

Your terms of lease are very clear! max 2 week stay.  very typical in any state. also if you are staying in the apt while guest is there, your guest is a guest, not a sublet. Sublet refers to entire apt. for long-term

It's not a guest if thet are paying to "visit" you.  At that point your under viloation of conducting business out of an apartment home- most city ordinances have regualtions againts this.