Landlord not allowing Airbnb rentals

Manuel18
Level 2
Chicago, IL

Landlord not allowing Airbnb rentals

My landlord just informed me that Airbnb rentals are not allowed.  Given that I would face eviction, I need to cancel my reservations.  However, when I try to cancel Airbnb informs me that I'll be charged $50 per cancellation.  Is there a way to contact Airbnb to explain my predicament so that I do not get charged $500+ just to make sure I don't get evicted?  Airbnb support center doesn't give any phone number or email where I can contact them directly.

32 Replies 32
Robin4
Level 10
Mount Barker, Australia

@Charles115

Hey Charles, that's a little bit tough. There are lots of things that we come across that we may not agree with but, the thing we have to try and refrain from doing is insulting people. After all the whole object of the Community Forum is for hosts to help each other.

This guy was maybe seduced into hosting by some friend spruking off about how much money can be made using Airbnb, there could have been a number of reasons he didn't run it past condo management. He has paid a hefty price for being a touch negligent....leave it at that and keep the personal stuff in check hey!!

Cheers.....Rob

Thanks Robin, agree things should never get personal. I’ve been away from the Airbnb hosting scene since this episode, but to recap - I was not looking to make a quick buck, but rather simply cover rent while I was away. 

 

My rental agreement never specified anything about sub letting and when I was given notice I promptly ceased. 

 

I was able to avoid paying those fees since I never sublet the apartment again, so it all worked out for the best. 

 

On another note, my landlord did admit that I am not at fault since there was nothing in the rental agreement about sub letting - and literally once I was informed that that was not allowed I ceased. Am still on good terms with the landlord today. 

 

Generally speaking, I would argue that since the landlord sets the rules of the rental agreement, it’s on him/her to be sure that whatever is in the agreement is all-encompassing. It’s a bit unfair to the tenant to penalize him/her after the fact if nothing was specified in the rental agreement on the matter to begin with. 

Christina147
Level 1
Carmel, IN

Same thing is happening to me right now. I am renting a house and thought it would be nice to make some money and host a room out and of course a nosy neighbor complained... Now the landlord has asked to quit or be evicted.  Do you think they can go as far as doing this? You would think I am not subletting the House out... I still live there.  No one stays there longer than 4 to 5 days at the most... usually it's only for 3 days or so.  Any help from anyone.  How far did you let it go and  could they evict you?

If the landlord has indicated that you should stop, I would advise that you indeed stop. I ceased sub letting when my landlord told me to - my issue was simply trying to avoid Airbnb fees. 

 

I would not risk eviction. 

Nathaniel16
Level 1
Greensboro, NC

Hello, 

 

This is one thing you can do to avoid the fees and penalties and EVICTION if your landlord has caught on to Airbnb.  First, deactivate the listing.  You can suspend it which will make it invisible from the site without removing any of the existing reservations.  The purpose for this is an eviction is a law suit from the landlord against you.  In any legal matter there must be solid proof that you are in violation of your lease.  Many leases speak against sub-letting or sub-leasing.  If you already have reservations confirmed, deactivate your listing.  Be honest with your guests about what happened and let them know you are still willing to honor their reservation as you can't cancel without penalty.  They may in turn withdraw from the reservation or continue, however request that if they encounter the landlord they simply imply that they are a friend visiting.  They do not have the obligation to speak with the landlord on whete=her they are paying you for anything and only need to state that they are visiting guest and you are hosting them.  This avoids any technical terms or affirmations of Airbnb activity, because in reality, you are hosting them as your guests.  Information about any finances is personal and is not the landlord's/apartment company's business nor is it their obligation or legal right to have this information concerning you or any of your guests.

Huma0
Level 10
London, United Kingdom

It doesn't sound like @Manuel18 was necessarily trying to make a quick buck, but trying to cover his rent during a period he was away.

 

However, I don't think he's answered the questions re whether he had his landlord's permission before he sublet, and @Nathaniel16  it is subletting because he is renting out the place while he is not there. I am not versed in US property rental laws, but I should imagine the landlord does have a right to know who these people are and if they are paying to stay there because they are in the apartment INSTEAD of @Manuel18, not as well as him.

 

Personally, I would be furious if one of my tenants did this without permission, but then I would definitely have stated quite clearly in the tenancy agreement that this was not permitted. In the UK, it depends on what kind of tenancy you have as to whether you can sublet or not, but in some circumstances, it is strictly illegal, regardless of if there is nothing written in the contract about it.

 

On the other hand, if the landlord had previously given permission, but then withdrew it when the building's regulations changed, @Manuel18 is not at fault.

Thanks @Huma0, you are spot on in that I was simply trying to cover rent while I was away. As soon as my landlord told me sub letting was not allowed I cancelled all the remaining reservations - and my issue was simply trying to avoid Airbnb cancellation fees. 

 

To your point on sub letting - I read the rental agreement and nothing was mentioned about sub letting or other people in the apartment. I had imagine that any landlord would take great care to specify their preferences in the rules for any given scenario (like I would if I were a landlord) and as a tenant I simply abide by whatever is written in the rental contract. 

 

Takeaway from this experience would be to better judge when it’s better to ask for forgiveness rather than permission or vice versa, like most things in life. 

And I am unfamiliar with US property rental laws as well - so no idea about that. 

 

Since this episode I’ve always made sure that rental agreements I sign specify what is and isn’t allowed (I often use this story as an example) and I make very clear to the landlord that I will abide by whatever is in the contract - and for them to be extra clear in the languge to avoid ambiguity, and to declare the rules for any given circumstance. 

Huma0
Level 10
London, United Kingdom

@Manuel18

 

Yes, that's wise. In the UK there are certain laws that would apply regardless of whether they were in a contract or not, or even if there was no written contract. Not sure about the US, but it's always worth double checking.

 

I can see how you might have thought it was fine to host there if it wasn't prohibited in the contract. I can also see how your landlord might have thought it was obvious that you couldn't and therefore didn't think about mentioning it. However, he/she should have put something in. To my mind, that's a pretty standard clause to put in a rental contract.

Manuel, as a homeowner and host myself, I am amazed that long term tenants (not airbnb guests) actually think it is alright to sublet or list on airbnb without the landlord's permission, even if it isn't written in the contract.

 

Home owners almost always choose a long term tenant based upon their references, their employment history, and the impression they get from the prospective tenant. In other words, they are not just going to rent to the first person who answers the rental ad. Just because you rent a place does not mean it is yours to do whatever you want with.

 

If you list on airbnb and the guest stops up the plumbing, for instance, in your absence, are you going to pay for the plumber to come and fix it, or are you going to call the landlord and expect him/her to? I think the latter is most likely for most tenants. And, like I said, the landlord has chosen you as a tenant based on determining that you will be a responsible tenant. Having airbnb guests negates all that.

 

It is never ok to presume liberties with someone else's investment. That said, it sounds like you were immediately responsive to the landlord's displeasure, so kudos for that, but try to understand why it is NOT ok to do what what you did- list without permission. Personally I might never think to include this in the rental contract because it wouldn't occur to me that a tenant would think this is okay.

Thanks Sarah, yes your perspective makes sense. I would also add that, were I a landlord I would make sure that I include anything and everything that covers all posible situations in the rental contract - and not leave anything to chance (ie protect my investment). 

 

While choosing a tenant that I deem responsible is a must, that is a decision I make that is in my best interest. While I would of course like tenants to act in my best interest (where they align) I don’t expect them to (especially if interests diverge) - which is why I would make sure that my interests are protected in the rental agreement (the terms of which would be set by me). 

 

Where you say “just because you rent a place does not mean it is yours to do whatever you want with” ... I would say the landlord should specify what can and cannot be done, and the tenant is free to do anything while abiding by the landlord’s rules. Of course the best course is to have a conversation and discuss things first and apply the principle of “would I like this if I were the landlord?” - but even there what the tenant may think is reasonable from a landlord’s point of view may differ from what the landlord thinks, which is why the onus should be on the landlord to define the rules for clarity. 

 

I’m very receptive to following rules and avoiding problems - which is why I think everything should always be laid out in the open at the beginning (ie in the rental contract)

I guess the gist of it is - it’s always better to have everything clear and in writing over assuming that that is not necessary. Helps to avoid potential problems down the road in my view. 

Robin4
Level 10
Mount Barker, Australia

@Manuel18 @Matthew285 @Huma0 @Alfredo10

 

Manuel, thank you for coming back here and updating your situation. When someone takes the time to do this it helps us all. It is a bit like finishing the last chapter in a book...it closes all the loose ends!

I am pleased you have ended up on good terms with your Landlord. That previous statement I made about the 'quick buck' was not a reference to your scenario, I was just stating what someone may have said to get you going down this path and I didn't mean it was your particular motivation.

 

One thing that needs to be understood here Manuel....and @Sarah977  alluded to it her post, there are insurance implications here when you sub-let!

As Sarah says, a Landlord will accept the risk of a tenant based on certain risk factors! Insurance companies are exactly the same. They will offer insurance coverage based on the perceived risk. Where a long term tenant is in an insured space the company accepts that risk, but when you short term rent you increase that risk factor many times over and the insurer has no idea at any given time who is in their insured space. And as soon as they find out that this activity is happening they will cancel their insurance cover!

Landlords, property managers aware of this specifically forbid short term rental, but many are not aware of this because, the situation has never arrisen to be tested.

 

So Manuel, it's not a matter of a landlord being a bit unfair because he didn't specifically spell it out in his rental agreement. I am certain you would not like someone taking advantage of you, just as I am certain you would not want to take advantage of them.

 

It is an unfortunate situation, I am so pleased Airbnb have not taken too hard a stand with you and I would suggest, If you wish to short term rent in the future seek out a short term rental insurer who specifically covers what you wish to do...there are a growing number in the field! Take a properly prepared proposal to the landlord....possibly offer the landlord a percentage of each hosting to go towards a property management fund, and lay all the cards on the table.

I have seen this work to a hosts advantage in the past....everyone is a winner!

 

And by doing this you will also have satisfied Airbnb's regulations in that you will have 'got all relevant approvals prior to hosting' 

 

All the best mate, I wish you a long and properous future.

 

Cheers.....Rob

Thanks Rob, I think we are largely aligned here and agree that it’s best for everyone that we discuss this. Best practices should include respect from both sides and have a contract that encompasss all eventualities to avoid any confusion or doubt. 

 

Given the the insurance implications you mentioned - I agree that it is even more important that landlords make it explicitly clear that subletting is not allowed (and specify penalties and damages if that rule is broken). 

 

I agree that no one would like to be taken advantage of - the flip side of that is no one would like to suffer the consequences of the unknown. An example of this was exactly my situation - I didn’t know that subletting would be a problem for the landlord (at the time I truly did not think it would be an issue and I also screened Airbnb renters for good ratings, etc and would take responsibility for any damages they may have done), and nothing about subletting was in the rental agreement ... so why should I have to suffer the consequences of any expenses if the landlord comes to me after the fact to tell me that’s not allowed?

 

The underlying premise of my argument is that the “unknown” has to be addressed in the rental agreement and it is the responsibility of the landlord to define how it will be treated.  It could be as simple as a clause stating something along the lines of “any item not specifically addressed in this rental agreement will need to be discussed with and approved by the landlord prior to implementing said item; failure to adhere by this clause may result in penalties xxxx [insert at landlord discretion]”

 

Hope this clears things up and we can be in agreement on this. 

 

Cheers 

 

Sarah977
Level 10
Sayulita, Mexico

Thanks for responding Manuel.

Even when a landlord has a rental contract, the tenant does not always follow the rules. It comes down to tenants showing respect for having been approved (sometimes over many other applicants) and acting accordingly.

I rented out my whole house in Canada for a year when I was traveling (this was private long-term rental, not on any hosting platform). I had many people interested, and chose one I thought would be good. There was a rental contract. One of the things in the contract was that the tenant agrees to keep the lawn mowed. There was a lawnmower provided and it was a postage stamp size lawn in front and slightly larger out back. The whole job takes 20 minutes once every 2 weeks. When I returned, the grass was a foot high. I said "Juanita, you were supposed to mow the grass, it's in the contract you agreed to." Her response was "Oh, I like it long". Meanwhile, the grass had all reseeded into my flower beds and vegetable garden area, which I had been diligently weeding out over the course of 15 years, and finally had had grass and weed-free beds.

Her boyfriend, who had originally moved into the house with her, and who had split with her during my absence (the contract was only in her name, for just such an occurence) had set up a grow show in my bedroom while he was there, drilled holes through my bedroom floor to stick the wiring through and screwed around with my electrical panel. She also got a roommate after her boyfriend left, without my permission, who had a dog that dug giant holes all over my yard and gardens.

So even with a contract, the landlord can't necessarily anticipate every disrespectful thing that a tenant might think to do, nor do tenants always respect the contract.