NC Vacation Rental Act

Hello! I’m a WNC home owner, wondering how any other owners are handling the NC Vacation Rental Act - and/or situations like this…

From what I read, we are required to have a separate rental agreement with guests. The act calls for trust accounts, signed agreements, etc.

My husband is disagreeing, stating we are not required to follow the act because we are “leasing” a property (the words in the act). In the strict sense of the word, by law standards, it is debatable, because of the word lease. However, this is not a debate I’d like to litigate. He and I already do that for a living … And ignorance of the law is rarely a good defense.

So I have a rental agreement drafted for my website bookings but have read that ABB frowns on separate agreements.

Any other hosts - NC or not - have rental agreements, outside of the 4 corners of ABB? Or live in a state that requires them? Or already researched this NC act?

I recently moved my NC rental to be long term only. My area didn’t have the demand to support my needed price with all the new host wanna-bees. I’m not fighting it any more.

I have rentals in North Myrtle Beach. They are well worth it.

Airbnb encourages an additional agreement with owners for renters of over 30 days because it is considered a long term rental in most states.

Airbnb discourages additional short term agreements that:

  1. Encourage guests to pay off the Airbnb site
  2. Have rules not posted on the Airbnb site
  3. Have different information than is posted on Airbnb
  4. Surprise requirement when guest arrives

In other words, as long as your supplemental rental agreement is disclosed in your unit description or in your guest correspondence (you can send a copy via email), is consistent with your Airbnb listing, and does not require payment off platform, it will be acceptable.

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In Pennsylvania, we have a Pennsylvania innkeepers Act. It has some items that actually protect the Innkeeper that I incorporated into my rental agreement. I marked him and said that no third party could override the state regulations

I wouldn’t try to find ways to evade your State’s Act, but would look to try and follow it and use any parts of it that protect you or are to your advantage.

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