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This is a lost cause. You signed a lease promising not to sublet your apartment. Airbnb is subletting. You sublet. Therefore they had grounds for eviction. I don’t think any attorney will want to come to your defense. You really don’t have a case.
I don’t mean this in a snarky way, but if I were you, I’d spend my time, energy and resources searching for a new place. It’s going to be tough in a tight housing market. If you have bookings coming up, call ABB and explain you’ve been evicted. Ask for them to forgive the penalties you will incur for the cancellations. If you don’t do it, they will try to collect from you and your credit will tank. You don’t need that right now. Sometimes they are understanding and will cancel on your behalf.
Lesson Learned. Never ever do Airbnb without getting the express written permission of your owner or PM. This is exactly why.
Keep us posted though and good luck. I’ll be curious to see what happens.
Thank you for your responses!
I have a couple of units in a building that’s managed by a big agency, who’m the property manager I’m good friends with. His companies attorneys have discussed this topic at length with him and he tells me that it is incredibly difficult to evict an Airbnb host. That even if the property manager finds the listing on the site, that in court it shows intent but no proof of this. You weren’t snarky but I also have a paper trail of complaints in which my parking space was being used by other tenants and a couple things that did not comply or resolved with my lease agreement. Thank you
You are comparing illegal sublets with somebody using your parking spot?
I own 9 properties, I short term let 4 of them. If I found a tenant of mine letting on Airbnb I would evict as well! Even if they hadn’t actually done it they listed it!
hmm. I don’t know if I would trust your friend. It’s not difficult to evict someone who is in violation of their lease. It’s a fairly straightforward process. In college, I worked for a Century City litigation firm whose associate attorneys handled unlawful detainers. All day long we did them… and if and when you go to court, the judge will ask you if you sublet in violation of your lease and you will be compelled to answer in the affirmative.
I wouldn’t chance it. You are getting evicted. I would not plan on squatting and drawing out the eviction process. That could get you in even more hot water down the line.
Also, there’s this. In Hawaii, anyone can go online with the state judiciary website and see if a case has been filed against you and what the outcome was. I would think the same thing is true in California. (I once looked up my ex and saw he was evicted from his last place and the squeeze he is with filed TROs on a bunch of people, glad he’s her problem now!!! ) What I am trying to say is. This could be bad for you when you go to rent a new place. Every landlord wants to avoid renting to someone who was evicted. It may already be on your online record.
Is it a cease and desist? Or an actual 30-day notice to vacate?
But here’s what I might suggest. Law firms will almost always talk to people who call in, wondering if they have a case. Try calling a law firm and ask to speak to an associate. Tell them you wonder if you have a case. They will usually always pick up the phone and chat without charging you. Worth a try!
I assume you mean the landlord doesn’t know about your Airbnb activity and that it is against your lease agreement. You’ve been flying under the radar but I think your time is up for re renting other people’s properties without express written permission.
I know California is very tenant friendly but landlords still know how to go about the eviction process. In any case, it’s time to buy a property if you want to host and since you only have 3 months left on your lease, they will not renew.
No attorney advice but talk to one that specializes in tenants rights or call Handel on the law radio program.
You are better off purchasing and then doing Airbnb for your own properties. You are essentially profiting off of someone else’s investment and also creating a liability for the property owner. I know it can seem like no harm no foul when it’s a big company, but illegal is illegal. If you do end up being able to stay the court will surely inforce the lease and make you take your listing down. Lawyers are also incredibly expensive… think about how far you want to go Go against a company that probably has someone on retainer. I’m sorry, I’m not giving you the advice you asked for but just my 2 cents
I’m surprised your property manager /his attorney’s gave you that advice. There are quite a number of cases in the US where landlords /HOA’s have evicted tenants for sub-letting properties through Airbnb. If you break the terms of your lease then it’s grounds for eviction.
It will be clear through guest reviews that tenants have stayed at a property.
I would prioritise ensuring any guests you have booked are notified ASAP that you won’t be able to host them so they can find alternative accommodation.
Do you think the judge is just a big old dummy with a mallet? You have so much evidence against you to think the manager can only prove intent. All they have to do is look at all of your reviews and see the dates on them. Your name is likely mentioned in those reviews. The PM will have pictures of your listing linking those reviews to it.
This is probably a dumb question, but are you sure they want to evict you because of the AirBnB’ing?
I disagree. In the end renting always profits both parties in some way: The profit can be money but can also just be having a place to live (and/or work). For all I know the apartment could very well be empty if it weren’t for the OP renting the place to AirBnB.
As for liability: Wouldn’t the OP be the first one responsible? And for those things that are the responsibility of the homeowner, what is the difference between being liable for the OP, his family and friends OR AirBnB guests. Why would one risk be greater than the other risk? I might be wrong, I’m European, I don’t understand all the liability dangers that people have to suffer in the USA.
Then again, if the lease specifically forbids something, I guess it is reason to evict. Although, me as a homeowner would just be happy that my rent is being paid every month, and if I found out about the AirBnB I would talk to the renter to raise the rent to cover any possible risks to my property.
Did you notice that the initial action was taken against the tenant in February 2014. The article is dated January 2016 and states that the landlord recently won the case. I think the original poster’s landlords will be able to evict him/her but that it will take a long time.
In the US insurance is definitely different for a tenant vs hotel style rentals. The landlord would be the one ultimately responsible although the tenant is opening themselves up to be sued by the landlord if anything were to happen. And yes, the op is profiting off of someone else’s investment because they didn’t actually purchase the property. It has nothing to do with if the unit is empty or not (if there’s Airbnb bookings then I’m sure there isn’t a problem renting it). When you lease a commercial space you typically pay rent AND a percentage of profits because you are running a business in someone else’s space… again US stuff so a different ball of wax than another country. That’s great that you would have no problem if you were the landlord.
I said that every tenant “profits something” from renting, just like every landlord. There is benefit for both. If both wouldn’t benefit they wouldn’t enter into contract. One party gets the rent, the other party gets to use the property.
To my knowledge uncommon in my home country for small businesses, but of course a great way to lower the risks for the tenant, and to provide a possible bigger rent for the landlord. Is this very common in the USA for small businesses?
but should it be a win-win like you say, the landlord needs to know about it. If the OP was sneaking, this is wrong.
He can do it in the future maybe somewhere but needs to get express written permission from the landlord to protect himself!
This should be a slam dunk eviction. Violation of the lease is no grey area.
For commercial leases yes…I’m not sure what landlords have worked out with tenants who do Airbnb although from what I read most tenants don’t notify the landlord so they don’t know. I do know I wouldn’t be happy with a tenant making money off of my rental when I pay the insurance, mortgage and taxes.
I think I’m not explaining myself: I consider every lease a win-win. Not only the leases where the tenant is making money with the lease. Therefor I don’t see much difference. If the landlord were able to make more money on his own, he would have done so, but he chose to ask the maximum amount possible, and he found a tenant for that price. That tenant however can only make his monthly payments if he sublets on AirBnB.
I understand that it’s an insurance / liability issue. And the condominium might object because of security reasons. But apart from that I can’t see why the landlord would object.