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

[ChrisnJen0]

We just got kicked out of the Airbnb rental on Thanksgiving Eve from a property  where host was subletting. The property manager treated us like criminals and my husband had to climb up and down 4 flights of stairs in rain as property manager constantly threatened to have us arrested for criminal trespassing.  This completely ruined our Thanksgiving and we were relocated to a one room one bed studio. This is a jump from the 2 bedroom 2 bath town house we originally booked. We have a 15 year old daughter and my husband slept on the floor. Airbnb is now not responding to my emails.....help!

[Sarah977]

@ChrisnJen0  What a horrible scenario for you. Try contacting Airbnb through their Twitter feed- it is said to garner the best and quickest response. 

[ChrisnJen0]

Thank you!

[Thomas2591]

Post your email so I can send similar info to you. It would make a good story.

[Sarah977]

@Thomas2591  Users should not post their email address or any other personal info here. It's a security risk and will in fact be removed by the moderators.

[Dave227]

Community Help Guidelines - useless. My house got rented out illegally, my tenant is on Section 8 using taxpayers money to get govt housing subsides. But tenant does not live in the huse and instead rented it out on Airbnb and put money into her own pocket. I went to CHG, called Airbnb, talked to the supervisor, emailed the special team, submitted online help form, nothing works. Airbnb only told me to contact the host directly (which I already told them I did) Airbnb is on the host's side. Not the home owner's side. Since they are unwilling to remove the lsting they are committing Section 8 fraud. Which makes us all fools.

[Janny17]

Yeah,  I don’t understand why they would tell us to contact the subletter about their shady subletting.  It makes no sense.  I’m contacting my real estate attorneys and stop by headquarters when I get back to San Francisco.  My worse AirBNB experiences (nightmares) have been with unapproved subletters.  They aren’t really hosts and the homes are misrepresented with missing amenities and the same issues mentioned repeatedly in host reviews but AirBNB still allows them to host.  AirBnB needs a better screening process.  My condominium’s management company sets a fine of $1500 if owners list on AirBNB.   Forget about subletters. Secret subletters make the worse hosts.  And they are fully aware AirBNB will continue to allow them to host even when the neighbors and buildings and AirBNB guests complain.  I have been asked me to notify AirBNB that the host is not allowed to sublet.  Airbnb’s protocol is to speak to the host about it.   Bizarre.  AirBNB protocols need an overhaul. 

[Janny17]

Is section 8 fraud part of your building’s CC&R’s?  I am planning to contact my attorneys about it.  Hoping they can find out who I can reach at AirBNB headquarters.  Because case managers and specialists can’t tell me who reviews the calls which are recorded for quality and training purposes or their performance.

They need a major overhaul. 

[Kenneth12]

@Janny17 :  why,  why,  why do you think Airbnb has any responsibility here,  much less is going to do anything.

Let me swing a clue-by-four at you:

Airbnb is not going to take any action here whatsoever.

Got it?

[Pam14]

hi Dave where are you located?  we should talk

[Jorden2]

Not necessarily, some states uphold that AirBnb is not subleasing due to the fact that the short-term tenant never actually signs a sublease contract.

[Kenneth12]

Just as with hotel/motel stays and other BNBs,  Airbnb stays are transient guests without tenancy / leasehold rights in much of the US,    governed by some version of the Uniform Residential Landlord Tenant Act (URLTA).

[David6734]

Simply not true - airbnb doesn't care at all. I live under an apartment that is on airbnb despite serious issues and landlords asking the tenant to stop. Its now in court - I'll never use airbnb again. 

[Cynthia-and-Chris1]

I'm not a legal expert by any means, but I wouldn't *think* the landlord could kick you out directly.  I would *think* he would have to issue a notice to his tenant first.  But again, I'm not an expert at all.  I would definitely contact Airbnb and see if they can help you move to a different host.

[Kenneth12]

What you're suggesting appears to be what is commonly referred to as a "self-help" eviction,  and is illegal in most US jurisdictions,  as in,  is usually a criminal act.  Landlords need to be very careful and,  in general,  only law enforcement can remove people who have established tenancy from a property,  under due Court Order.