Landlord from hell!

I can see the original post if I click on the orange pencil.

You are a moderator so of course you can. But can any non-moderators see it?

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I cannot see the original post - only that it was edited. I did read the original post and decided to not respond, as it sounded like just a rant.

But I did react badly to the thought that she is renting out to AirBnB guests a building that does not have a certificate of occupancy. I donā€™t feel as bad for her as I do for the guests, as she signed a ā€œrealā€ lease.

I canā€™t see the original post. I used to be able to click on the pencil and see the original post after it had been edited.

So sheā€™s retaliating for getting caught being a host, which is subletting. Something just about every rental lease Iā€™ve ever seen forbids. Iā€™m also wondering what the issue is with the dogs thatā€™s causing the landlord to intervene.

What a nasty mess created by what sounds like people who deserve the consequences of their cheating ways.

Apparently in New York City subletting is permitted by law unless the tenancy is under rent control. However, subletting is defined as the tenant moving out and someone else moving in for a period of at least 30 day.

http://metcouncilonhousing.org/help_and_answers/subletting

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Iā€™m too lazy to read the attachment, but I would assume if someone does sublet their apartment, the landlord needs to be made aware of the situation and it has to be done legally with signed agreements I would think.

Subletting maybe isnā€™t the right term to use for someone who is renting out space in their apartment via Airbnb while still occupying itā€“or maybe it is? In any case, I canā€™t think of any landlord who would allow a tenant to turn a profit from ā€œsubleasingā€ unless the tenant discloses it.

Really happy to finally see a definition of subletting that makes sense. I have never understood why having someone in a room for a few days should be considered subletting.

If I rent a 3-bedroom apartment and I am the only one in the contract, would this mean I can never have a boyfriend, family member or friend stay over? Saying no to this question would sound totally crazy. Of course I am fully responsible for any damages caused by these guests.
So in case these guests pay me something to stay, what is the difference and what is the problem? The fact I am making a profit? So what? If my landlord can make more profit with his apartment he would have done so already. Besides there are more ways to turn a profit when renting a place: I could work from home = profit making. Not allowed? I could live closer to my work allowing me to work longer hours and gain more. Not allowed? I could be a hooker having men over. They would be paying for my service not renting an apartment. Not allowed? So the profit making argument doesnā€™t sound right.

Of course if I move out myself, there could be discussion about liability in case of damages. If someone stays for more than 30 days they could get tenants rights. Or imagine someone putting down his official address. I understand that landlords donā€™t want these things at all. As for hosting when being present yourself I donā€™t see any difference with having your grandmother over for a few nights.

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Airbnbing a room isnā€™t subletting here in England either. As long as the person doesnā€™t assume control of the property (which they would under a whole property let) itā€™s fine.

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Thereā€™s been loads of discussions about this here on the forum. The bottom line is that most leases in the US would require landlord permission to host on Airbnb (and youā€™re right, sublet is probably not the right term). If the OP was in violation of her lease due to either having pets or hosting on airbnb the landlord is probably looking to get her out regardless.

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According to the attached, in New York City, where the original poster is a tenant, it is legal to sublet regardless of the terms of the lease. The exception is rent controlled apartments which cannot be sublet. However, subletting is defined as the tenant moving out and the sublet being 30 days or more.

http://metcouncilonhousing.org/help_and_answers/subletting

In the U.S. it is common for leases to include restrictions on how many days a year overnight guests are permitted. The leases Iā€™ve seen that restrict overnight guests usually cap them at 14 days per year.

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Here in England youā€™re not in breach unless it explicitly says: Airbnb is not allowed, or permission is required to Airbnb. I would expect more and more contracts to address this specifically but until they do, thereā€™s no breach of contract.

I know itā€™s not what a lot of homeowners want to hear; my advise in this case is make sure the contract explicitly prevents Airbnb if you donā€™t want it happening.

That is if you can add that clause legally. Itā€™s becoming the case here in England where theyā€™re even considering stopping landlords from preventing subletting.

One of our old London leases said - no paid guests so not exactly subletting. Itā€™s tricky isnā€™t it.

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Well Iā€™d say no paid guests is as clear as it gets. Iā€™ve never had a clause like that in my contracts but if it said that Iā€™d assume that covered Airbnb.

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Yes definitely - I guess they are trying to cover relatives that may want to stay and help out with cash as well lol

This is true. Leases/rental agreements address and specify whether overnight guests are allowed and for how long.

I donā€™t have a cap per annum but it states that no more than two overnight guests are allowed at any one time and they may not stay longer than 5 nights without the consent of the Landlord.

There is also a charge/fee to the tenant (per diem) for violating that condition, effective up until the person or persons vacate.

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Not all ā€œlandlordā€ insurance covers subletting. I am speaking of landlord insurance and not short term vacation rental insurance. So if a tenant sublets without landlord permission, it may have nothing to do with the landlord getting angry about a profit, but it may be that his insurance will not cover him if a paying transient guest sues. Of course this will vary by country. If the insurance company finds out this was subletting verus just a ā€œfriendā€ staying, then the claim may be denied.

You canā€™t sneak Airbnb. Itā€™s not the same as your grandma or brother staying over. Your paying guests donā€™t count as your occasional family or friends. They are Air guests coming and going, rolling in and rolling out. Itā€™s a commercial use of someoneā€™s property, no matter what the actual lease says (many of these leases are old form documents and have not caught up to todayā€™s trends.) if you want to do Air, get your landlordā€™s permission in writing, offer to pay insurance and maintenance for the wear and tear your guests are going to cause.

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The rental agreements I use have a blank that you fill in for the number of days a guest is allowed without notifying the landlord. And it also says no subletting, which is really what youā€™re doing with AIrbnb: Youā€™re renting out space in your rental.

In my neighborhood Iā€™m seeing quite a few renters doing Airbnb. Loads of new listings come and go, probably because they get caught.