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

[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.

[Zandra0]

Is it definitely a sublet? So you have the whole place to yourself or are you denying a room. There's quite a big difference in law so if you could clarify?

If you're renting a room you're not subletting ...

[Jill79]

Hi Jim

Can you state which country you are in?

Your legal position will be very different depending where you are.

[Julie131]

If you are leaving soon, just grin and bear it and then write a scathing review and let AirBNB know then.  Why put yourself in unnecessary drama and cause yourself stress.  Unless there has been some sort of noise about kicking you out, I don't think you have a problem.  

[Jim86]

Just to provide some extra details:

-I live in the UK (England). 

-I am renting the whole apartment, not just a room. The Host is not living with me. 

From what I have read on the Internet, I don't think the landlord can kick me out without evicting the tenant (Host) first. Seeing as the Host is currently out of the country, I think I'll be fine for the next week or two. As has been said, I believe the landlord needs to issue a notice to the tenant first in order to get him evicted. From what I understand, I have entered into a seperate agreement with the Host. The Host, being the tenant, has some legal rights when residing the property for whatever length of time his tenancy agreement states, i.e. he can't be asked to leave *immediately* without receiving a notice of some duration. Hopefully, this prevents me from being kicked out immediately too. 

Fortunately, the landlord seems reasonable enough to let us stay for the duration of the agreement with the Host. I imagine the tenant is probably going to get evicted, or at best will be fined some compensatory amount for breaking his tenancy agreement with the landlord. 

[Jim-and-Marcia0]

Glad you found the answer to your question. It always depends on the laws that govern the jurisdiction of the rental property.

We own and manage many residential rental properties in our hometown and made one of our houses an Airbnb accommodation. The rental agreements we have with our tenants in our other properties prohibit subletting and prohibit offering the entire place or a room for rent through any short-term rental site (Airbnb, VRBO, etc.). Guests (non-paying) are limited to a specific number of days. This is necessary to protect us and our property from misuse and liability. If however a tenant did break this rule and we found out about it, we would first issue a legal notice to comply with the terms of the rental agreement, to the tenant only. Our legal agreement is with the tenant, not with their guests. If we need to evict, we would be evicting the tenant and all others residing at the property, including unauthorized occupants and guests. There is a legal procedure we would need to follow and it would take some time. Since the landlord knows you are there and is being understanding of your situation, there really is nothing for you to worry about. I would expect the landlord would take up the matter with their tenant.

[Helen3]

@Jim86

Why do you think the host is letting the property without the landlord's knowledge?

How did you meet the host's landlord? Does he live in the same building?

I would think if this is the case, it would be rather suprising if the tenant let the property out through BNB without his permission.

[David126]

@Helen3 I do not know the numbers but I have seen the issue come up quite a few times so I suppose that it is not an uncommon situation.

[Ali96]

Hi David,

I'm a reporter with CBS New York doing a story on ABB guests renting out their hosts' home. Do you know any situations of this in the tri-state area?

My email is [Personal information hidden]

Best,

Ali [Personal information hidden]

Reporter

CBS New York

[Zandra0]

I think it's a regular problem. Tenants don't tell their landlords, home owners don't tell their mortgage providers.

[Kenneth12]

Tell their mortgage provider?!??!?!   

[Zandra0]

Yeah this is indeed subletting and I imagine their landlord isn't going to be too happy if they don't have a credible excuse.

For the record, I rent but only offer a room when I'm resident. I have trust issues and wouldn't cope well with letting someone have the whole property

[Helen3]

Hi Zandra

I am the same but own my property outright.

How was your landlord about you hosting?

[Stuart58]

hi, could you tell me if i need permission to have friends stay in my private bedroom?