Host is subletting without landlord's permission - will I, the guest, get kicked out?

[Jim86]

Hello

I'm currently a guest in someone's AirBnB apartment. Since living in the property, it has become aparent that the Host is not the owner of the property - he has sublet the property without the permission of his landlord and the landlord knows that I'm his 'Guest' in the property.

My question is this - can the landlord kick me out and essentially bypass the Host? Also, if the Host kicks me out of the property prior to the end date, can I get a refund? 

Thanks

[Karen779]

what "community help guides?" i'm not clear what/where this is. is it part of airbnb? how can i access the "support team," or "guides."

[Natalie266]

Just let her Airbnb what is wrong with you 

[Suzanne405]

How do you actually contact airb&b I cannot find a telephone number or an email address for them

[Letti0]

@Suzanne405  Here you go:

AirBnB United Kingdom +44 203 318 1111

[Noah59]

Because it's against the lease agreement. Are you too thick to understand that the person is in violation of their lease AND that some landlords don't want a revolving door of "guests?"

[Matthew1531]

How did this get resolved, or end?

[Kenneth12]

I suggest you do a little legal research and/or consult with a landlord-tenant attorney immediately.

If the tenant is in possession of the property,   they clearly have not been evicted and this makes me wonder if you know what an eviction is.

Unless your tenant has agreed to leave,  or you have legal authority to have the police remove them,  putitng pressure on them to leave could very well bring you additional civil or even criminal liability.   

Any lease or rental agreement provisions you have with your tenant are a matter of a private,  civil contract between you and your tenant,  and likely,  none of Airbnb's business and certainly not something Airbnb is likely to act on or enforce.

I am sorry for any negative situation you may be in,  given California's extreme tenant protections,  but I do not think this is likely the forum to help,  nor that Airbnb is likely to have any reason to take action here.

One more time,  I strongly encourage you to educate yourself on tenants' legal rights and responsibilities in your jurisdiction,  and to remain within the law.   Hopefully if you don't want them,  you can find some resolution to get the to move out without great expense to you-- which may include the necessity of payment to them,  if less than attorney's fees.

Finally,  Nolo Press up in Berkeley,  has a number of books on these matters;  you could file an eviction proceeding yourself,  if you're well-prepared and actually (legally) in the right,  but again,  tenant protections are extreme in California and it might take six months in the best of circumstances.

Good luck.

[Alyssa58]

How did you find out about her doing this?

[Kaela-Jean0]

I would love to hear how this turned out! We are currently going through this with our tenant. Apparently she is a Super Host. We live in Nashville, and hired a company to manage our property with the tenants, and the house is in Orange County. I'm curious on California property laws and how everything turned out! We don't want to have to go through the awful eviction process. 

[Jennifer-and-Pedro0]

Orange County, Anaheim in particular, has enacted severe penalties if she isn’t licensed and doesn’t have a permit and you will be responsible for them. They can take your home with the extreme fines so you need to get that person out IMMEDIATELY whatever it takes. One owner received tens of thousands in fines. GET HER OUT! Then get your own permit if you still can and rent it out yourself. You are the owner. If owners are taking the risk then only the owners should get the rewards. This will cause a drop in Airbnb money but too bad. They shouldn’t allow this and they need to be sued 

[Thomas2591]

Air b and b will not respond to me in a similar situation. I am hoping that someone brings a class action suit against air b and b for knowingly renting properties withou owner permission or without required local permits.

[Dave227]

Your personal information is hidden on the thread, I am unable to contact you. I live in Las Vegas and my house got rented out illegally by my tenant. I received a letter from the City of Las Vegas warning me that if the ad is not removed from Airbnb, I will incur a $500 / night fine. My house does not have the permit for short term rentals. I contacted Airbnb Community Help Guidelines, submitted online form, called and talked to 3 dfferent Aribnb employees including a supervisor and got an email from a special team who deal with such issues and they all asked me to contact the host directly. I even submitted a letter from the City of Las Vegas Code Enforcement Division to Airbnb and told them I already asked the tenant to remove the ad but she didn't. Turns out the tenant is Section 8 and receives housing subsidies from government (tax payers) to rent my house. $1350 per month for the entire 2 story house. She don't live in it but rented out the house on Airbnb, allowing up to 7 people to occupy the house at any time since May 2017. This is called Section 8 fraud and Airbnb is assisting in this crime by not removing the ad. We the taxpayer are the real fools.

[Jennifer-and-Pedro0]

You need to contact section 8 and report her. She can be evicted and they can take her housing voucher from her and give it to someone who needs it.  This is getting ridiculous. We owners need a lawyer to file a class action lawsuit against Airbnb to shut down non owner rentals. They shouldn’t allow the Ad to be placed unless the owner is placing it. 

[Natalie266]

Lots of owners allow subletting and Airbnb what is wrong with you people? They’re just trying to pay YOUR rent amount .... people don’t understand how bad the economy is for young people it’s ridiculous 

[Sarah977]

@Natalie266  I know that rents are high, also with more and more people buying up properties for the sole purpose of listing them for short term rental market, affordable housing becomes scarcer for locals and house prices are such that a young person these days, unless their parents can help them out, has little hope of ever being a home owner.

However, everyone has their priorities as to what they spend their money on. I have 3 daughters in their 30s and 40s and know a lot of younger people. I've observed that some of the same people who complain about their high rent seem to have money to go out to the bar, sit drinking $5 Starbucks coffees every day, buy gym and cross-fit memberships, expensive mountain bikes and other sports gear, the latest Iphone, and lots of new clothes.